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What you need to know about spousal support in Minnesota

On Behalf of | Oct 11, 2021 | Family Law

Alimony, commonly known as spousal maintenance in Minnesota, is usually one of the most important issues of concern during the divorce process. Some people worry that divorce will leave them financially vulnerable without spousal maintenance while others worry that having to pay the support will be an extra financial burden.

As a result, it is not unusual for a divorcing couple to grapple with questions like how is spousal maintenance set in Minnesota? What happens to spousal maintenance when I remarry? Or, when can spousal maintenance be modified in Minnesota? Well, here are is what you need to do about alimony in Minnesota.

Spousal maintenance is set based on the need

Alimony is usually awarded for two reasons. The first is to provide the recipient with the resources they need to meet reasonable needs following the divorce. The second is where the recipient is taking care of a child whose condition makes it unsuitable for them to work away from home.

Some states take into account a spouse’s wrongdoing when awarding alimony. However, Minnesota is not one of those states. Thus, even if your spouse plundered marital property or cheated, this is not going to determine the amount the court will award in spousal maintenance.

There are 2 types of alimony

Minnesota statute authorizes two types of spousal support: temporary and permanent alimony. Temporary alimony is awarded during the divorce to ensure that the recipient, also known as obligee, has enough to live on while the divorce process is underway. It can also be awarded for a fixed period after divorce to allow the recipient time to get the skill or find work.

Permanent spousal maintenance is awarded for an unspecified period of time. However, it is important to understand that this type of alimony is never “permanent” per se as it can be modified or terminated on certain grounds. For instance, you can petition the court to terminate a spousal maintenance order if the recipient remarries or gets into cohabitation.

In Minnesota, spousal maintenance may be awarded during the divorce ruling to ensure that the recipient has the support they need. Understanding Minnesota spousal maintenance law can help you protect your rights with respect to this matter.