Under What Circumstances Can the Duration of Spousal Maintenance Be Changed in Minnesota?

When spousal maintenance is ordered in a divorce, the question isn’t just how much—but for how long. In Minnesota, that timeline can be labeled transitional (short-term) or indefinite. But what if life changes? Can that timeline be extended, shortened, or ended altogether?

The law makes clear that the duration of spousal maintenance can be modified—but only under limited and specific circumstances. And the rules differ depending on what kind of maintenance was originally awarded.

The story of Cynthia* Boldon and Derek* Hendrix sheds light on how Minnesota courts think through these changes—and what it means for those trying to plan a secure post-divorce future.

A Stipulated Timeline—and an Unexpected Need

When Cynthia* and Derek* divorced, they agreed Cynthia would receive transitional maintenance for five years. The plan was simple: Cynthia would use that time to finish retraining and establish herself in a new field. Both parties wanted closure. Derek didn’t want to pay indefinitely, and Cynthia believed she could regain financial stability with time.

But life didn’t unfold the way she had hoped.

Despite her best efforts, Cynthia faced multiple setbacks—economic, personal, and medical—that left her unable to secure full-time, self-sustaining employment. As the five-year mark approached, she still couldn’t support herself without assistance.

Cynthia asked the court to modify the decree and extend maintenance beyond the original end date. Derek objected. After all, they had agreed to a fixed period. Shouldn’t that agreement stand?

What the Court Decided—and Why It Matters

In Boldon v. Hendrix, the Minnesota Court of Appeals clarified an important rule: “A stipulation to transitional maintenance is not dispositive as to whether a transitional award should be modified to an indefinite award.” No. A19-1636, 2020 WL 7018339, at *3 (Minn. Ct. App. Nov. 30, 2020).

In other words, just because the parties agreed to transitional maintenance doesn’t mean it can never be extended. Courts retain the power to examine the current circumstances—and change the duration if the legal standard is met.

That standard comes from Minn. Stat. § 518A.39 (2024), which governs all spousal maintenance modifications. The law requires a “substantial change in circumstances” that makes the existing order “unreasonable and unfair.”

But here’s the nuance: when someone seeks to extend maintenance from transitional to indefinite, the burden of proof can shift. Courts will examine whether the original order anticipated that the receiving spouse would become self-supporting—and whether that outcome has proven realistic.

In Boldon, the court acknowledged Cynthia’s struggles and allowed the possibility that the fixed duration of her maintenance no longer matched the reality of her life.

Transitional vs. Indefinite: Why It Matters

When the court orders transitional maintenance, it’s typically because the receiving spouse is expected to become self-supporting within a certain time frame—perhaps by retraining, finding work, or recovering from the shock of the divorce.

In contrast, indefinite maintenance is ordered when it appears unlikely that the spouse will ever become fully self-supporting due to age, health, or lack of marketable skills.

So what happens when a transitional recipient doesn’t make it to self-sufficiency? The court must decide whether that gap is enough to justify a change in the duration of support.

This is a harder showing than simply modifying the amount. Courts treat time limits seriously—especially when they were negotiated between the parties.

What This Means for You

If you’re receiving transitional spousal maintenance and realize you won’t be financially stable by the time it ends, you may be able to ask the court for an extension—but you’ll need to act early and present strong evidence. Simply having a stipulation in your decree does not bar modification.

If you’re the paying spouse, it’s important to know that transitional maintenance is not always set in stone. Future changes in your ex-spouse’s employment, health, or finances could reopen the question.

Whether you’re paying or receiving maintenance, it helps to build in flexibility—or at least a realistic understanding of how courts approach these issues. Minnesota law allows for course corrections—but not casually. The key question is always whether the original terms have become unreasonable and unfair in light of changed circumstances.

📚 Citations

• Minn. Stat. § 518A.39 (2024) – (Sets the legal standard for modifying spousal maintenance; modification requires a substantial change in circumstances that renders the existing award unreasonable and unfair.)
• Boldon v. Hendrix, No. A19-1636, 2020 WL 7018339 (Minn. Ct. App. Nov. 30, 2020) – (“A stipulation to transitional maintenance is not dispositive as to whether a transitional award should be modified to an indefinite award.”)

*The identities of these parties and facts of their matter were publicly published and thus not confidential. While the case holding and statutory references are accurate, creative liberty has been imposed for the emotional portrayal of the parties.