Factors for Awards of Spousal Maintenance in Minnesota

In Minnesota spousal maintenance, often referred to as "alimony" is governed by Minnesota Statute Section 518.552. The statute lists a number of factors that judges are to consider when awarding maintenance. When boiled down to their essence, the test comes down to need versus the ability to pay considering the standard of living established during the marriage. An award of spousal maintenance is most appropriate when one party has been a stay at home parent or a homemaker and the other party has been the primary bread winner. In such an instance a Minnesota Court will award either temporary or permanent maintenance. Other cases are not always so clear cut and must be reviewed on a case by case basis through application of the statutory factors.

The Minnesota Legislature in response to many appellate court decisions on spousal maintenance added a section to clarify the issue of permanent verses temporary maintenance. Currently, if there is any doubt as to temporary of permanent spousal maintenance a Minnesota Court is to award permanent spousal maintenance subject to modification. Permanent awards of alimony are most appropriate when the spouse seeking maintenance is older, dependant and the term of the marriage are long term.

Although the test for spousal maintenance in Minnesota boils down to the need verses the ability to pay. Minnesota courts in making a decision must make detailed findings on all of the statutory factors. A detailed finding can only be made by a strong case presented by an attorney with experience on spousal maintenance issues