Spousal Support in Minnesota: The Basics You Actually Need to Know
Let’s say you’re getting divorced in Minnesota. You’ve worked hard, maybe raised kids, maybe run a business, or supported a spouse while they climbed the corporate ladder. Now you’re separating and wondering about the specifics of spousal support or alimony in Minnesota: Am I going to have to pay spousal support? Or can I get spousal support? Is that even still a thing today?
You’re not alone in asking. Spousal maintenance—what some still call alimony—is one of the most misunderstood areas of divorce law. The rules are fuzzy, the outcomes vary wildly, and no one seems to know what to expect.
This article will walk you through the basics of spousal support in Minnesota without the legal jargon overload. We’ll cover what it is, who gets it, how it’s calculated, and how long it lasts.
What is Spousal Support?
Spousal support (also called spousal maintenance) is court-ordered financial support that one spouse pays to the other during or after a divorce. It’s designed to help the lower-earning (or non-earning) spouse meet their needs after the marriage ends.
It’s not automatic. And it’s not punishment. The goal isn’t to reward one spouse or penalize the other. Instead, Minnesota courts try to ensure that the financial impact of divorce isn’t overwhelmingly unfair to one party—especially if one spouse was financially dependent during the marriage.
The Three Types of Spousal Maintenance
In Minnesota, there are three general “flavors” of spousal support (note there was a HUGE change in 2024 and many of the blog and online info still has the old laws online).
- Temporary MaintenanceThis is support paid while the divorce is ongoing. It helps maintain the status quo and ensures that one spouse isn’t financially stranded while the case is pending.
- Short-Term (Rehabilitative) Maintenance is common when one spouse needs time to become self-supporting—think job training, education, or finding employment after years out of the workforce.
- Permanent/indefinite Maintenance Awarded in long-term marriages (usually 20+ years), or in cases where the receiving spouse is unlikely to ever become self-supporting due to age, illness, or disability.
Who Can Get Spousal Support in Minnesota?
Spousal maintenance isn’t about gender. Men can receive it. Women can pay it. The key questions are:
- Does one spouse lack sufficient income or property to meet their reasonable needs?
- Has one spouse been out of the workforce (e.g., to raise kids) and now needs time to become financially independent?
- Is one spouse unable to work due to health issues or other serious limitations?
If the answer to any of these is “yes,” the court may consider awarding support.
The Big Factors: What Courts Consider
Minnesota law gives judges a list of factors to weigh when deciding whether to award support, how much, and for how long. Some of the biggest ones:
- Length of the marriage Longer marriages tend to justify longer support.
- Standard of living during the marriage Courts try to keep both parties reasonably close to the lifestyle they had before.
- Financial resources of each party This includes not just income, but also property settlements, retirement accounts, etc.
- Time needed to gain education or job training Courts look at whether the requesting spouse can realistically reenter the workforce.
- Age and health A spouse with serious medical limitations is more likely to receive support.
- Contributions to the marriage That includes direct income and unpaid work—like child-rearing or supporting the other spouse’s career.
How Much Will the Court Order?
Unlike child support, there’s no calculator for spousal support in Minnesota. Seriously—no formulas, no handy online estimator.
Instead, it comes down to a balancing act between:
- The recipient’s need (how much do they need to meet basic living expenses?)
- The payer’s ability to pay (how much can they afford to pay after meeting their own needs?)
Let’s say one spouse needs $2,000/month to cover rent, utilities, groceries, and insurance—and the other spouse has $3,500 in monthly income after taxes and expenses. The court might award $1,000/month in maintenance. But it could also be more or less, depending on the full picture.
How Long Does Spousal Support Last?
Here’s where things really vary. The court can set a defined duration (say, 3 years) or leave it open-ended. In general:
- Short marriages (under 10 years): Support is often rare, and if ordered, it’s usually short-term.
- Medium-length marriages (10–20 years): The presumption is that spousal support will be for 1/2 the lenght of the marriage.
- Long marriages (20+ years): The presumption here is indefinite (permanent) spousal support.
But even permanent doesn’t always mean forever. Either party can return to court later and ask to change or end the support if circumstances change significantly.
Can Spousal Support Be Waived?
Yes—and no. Parties can agree to waive spousal support in a divorce decree. This can be a mutual decision, often part of a larger property or custody agreement.
But courts don’t allow you to pre-waive maintenance in a prenuptial agreement unless certain strict conditions are met. Even then, a judge can override the waiver if it would cause extreme hardship.
Bottom line: don’t assume a waiver will always hold up in court.
Tax Treatment of Spousal Support
As of 2019, spousal support is no longer tax-deductible for the payer, and it’s not taxable income for the recipient.
This change came from federal tax law (thanks, IRS), and it applies to all divorce agreements finalized after December 31, 2018.
If your divorce was finalized before that date, the old tax rules may still apply unless you modified your order later.
Enforcement: What If Someone Doesn’t Pay?
Spousal maintenance is a court order, not a suggestion. If the paying party doesn’t comply, the recipient can ask the court to enforce the order.
That may include:
- Wage garnishment
- Contempt of court proceedings
- Judgments with interest
- Driver’s license suspension (yes, really)
The court takes nonpayment seriously—and so should anyone ordered to pay.
A Word on Cost of Living Adjustments (COLAs)
Spousal support orders include a Cost of Living Adjustment clause, which allows payments to increase annually based on inflation. It’s automatic unless waived or modified.
Think of it as future-proofing the support order: your $1,000/month award today might not stretch as far five years from now.
Final Thoughts: It’s Complicated—But Not Impossible
Spousal support in Minnesota isn’t one-size-fits-all. It’s flexible by design, but that also makes it unpredictable. That’s why it’s crucial to get legal advice from someone who knows how local judges tend to rule—and how to frame your case effectively.
Whether you’re concerned about paying too much or not getting enough, don’t go it alone. A good family law attorney can help clarify your rights, negotiate a fair agreement, or argue your case in court.