The following is a summary of Minnesota alimony laws, and is by no means intended to be an all-inclusive description of what to expect in your particular case. In some cases, the exact text of the statute may have been simplified and/or modified to provide for easier understanding. For a more specific understanding of the laws, you should consult the full Minnesota Code and/or consult with an attorney about how the law might apply to your particular situation.
Justification for Awarding Alimony.
The court may grant a maintenance (alimony) order for either spouse if, under Minnesota laws, the spouse seeking alimony:
- Lacks sufficient property, including marital property apportioned to the spouse, to provide for reasonable needs of the spouse considering the standard of living established during the marriage, especially, but not limited to, a period of training or education, or
- Is unable to provide adequate self-support, after considering the standard of living established during the marriage and all relevant circumstances, through appropriate employment, or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.
-From 518.552 of the Minnesota Statutes.
Alimony Guidelines.
The alimony order shall be in amounts and for periods of time, either temporary or permanent, as the court deems just, without regard to marital misconduct, and after considering all relevant factors including the following guidelines:
- The financial resources of the party seeking alimony, including marital property apportioned to the party, and the party’s ability to meet needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian;
- The time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment, and the probability, given the party’s age and skills, of completing education or training and becoming fully or partially self-supporting;
- The standard of living established during the marriage;
- The duration of the marriage and, in the case of a homemaker, the length of absence from employment and the extent to which any education, skills, or experience have become outmoded and earning capacity has become permanently diminished;
- The loss of earnings, seniority, retirement benefits, and other employment opportunities forgone by the spouse seeking alimony;
- The age, and the physical and emotional condition of the spouse seeking alimony;
- The ability of the spouse from whom alimony is sought to meet needs while meeting those of the spouse seeking alimony; and
- The contribution of each party in the acquisition, preservation, depreciation, or appreciation in the amount or value of the marital property, as well as the contribution of a spouse as a homemaker or in furtherance of the other party’s employment or business.
Termination of Alimony.
Unless otherwise agreed to in writing or expressly provided in the final divorce decree, the obligation to pay future alimony is terminated upon the death of either party or the remarriage of the party receiving alimony.
-From 518.64 of the Minnesota Statutes.
This information has been summarized from the Minnesota statutes. You can find the full-text version of these and other Minnesota divorce statutes online here: Minnesota Divorce Laws.
LEARN MORE ABOUT GENERAL ALIMONY LAWS.
GO TO ANOTHER DIVORCE ARTICLE.
IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don’t rely on this information for legal advice. Seek help from an attorney if you need legal advice.