Minnesota Alimony Laws

When spouses separate, the lower-earning spouse may need help until they are self-sufficient. Family law courts can order the higher-income spouse to provide support until then. In Minnesota, alimony (spousal maintenance) isn’t guaranteed. The law lets judges and spouses decide if either needs spousal support, how much, and how long.

In Minnesota, either spouse may request spousal maintenance during a divorce or legal separation. Minnesota courts do not use an alimony calculator to determine the amount or duration of a support order. Instead, judges weigh multiple factors for and against a spousal maintenance award.

Minnesota Alimony Basics

Minnesota law bases alimony in Minnesota on one spouse's reasonable needs versus the other spouse's ability to pay. During the divorce process, spouses can create their own spousal maintenance order, either by themselves or with the help of a court-ordered mediator. If the judge approves the couple's agreement, it becomes part of the divorce decree.

If the couple doesn’t reach an agreement, the judge will review their situation. Minnesota statutes allow a judge to consider many factors when deciding the amount and duration of alimony awards.

Types of Spousal Maintenance

• Temporary spousal maintenance is awarded during or after the divorce. "Temporary" only means that it’s not long-term. The short-term order can last several years. Temporary maintenance helps the lower-earning spouse acquire the education or employment skills needed to become self-sufficient.

• Permanent spousal maintenance is more accurately called "long-term" spousal maintenance. Permanent support payments provide financial support to a spouse unlikely to become self-sufficient.

• A spouse can request pendente lite support if they need immediate temporary support during the divorce for attorney fees, child support, or similar costs. A pendente lite order provides support before the divorce process begins. It may be necessary for contentious divorces.

Amount of Alimony

Minnesota does not use an alimony guidance calculator like some states. Instead, judges consider several factors listed in the statute, including:

• Whether the requesting spouse lacks sufficient property to provide for their reasonable needs

• The standard of living established during the marriage

• The length of the marriage

• The age, health, and emotional condition of the spouse seeking maintenance

• Each spouse's contribution to the marital estate

• The current and future earning capacity of both spouses

• Whether the requesting spouse contributed to the payor spouse's job or education to their detriment in loss of earnings, employment opportunities, or retirement benefits

• The ability of the spouse to maintain their own standard of living while paying support

Other considerations, such as child support and property division, are factors in alimony orders. For instance, a spouse with custody of a special-needs child may need full-time alimony as well as child support. Caring for the child may prevent them from becoming self-supporting.

Modification and Termination

Spousal support terminates upon the recipient spouse's remarriage or on the end date given in the support order. Support may also end if the recipient cohabitates with another adult, subject to certain limitations in the statute.

If either spouse has experienced a substantial change in circumstances, such that the original support order is no longer fair and equitable, they can petition the court to reopen the divorce case and reconsider the spousal maintenance order.  

Can Unmarried Partners Get Alimony?

In a way, yes. But only if you have a cohabitation agreement.

Like many states, Minnesota no longer recognizes common-law marriage. Living with someone for a certain amount of time does not guarantee anything.

Support payments for romantic partners who were never married are sometimes called “palimony.” Most state statutes do not explicitly allow for palimony. However, couples with significant assets might consider a cohabitation agreement to protect their property or lifestyle.

Basics of Cohabitation Agreements

Marriage is a legal contract between two individuals who more or less agree to share property and take care of each other. When you decide to live with someone without getting married, you aren't automatically covered by such terms. Even if you have children together. That's why some people living together choose to sign cohabitation agreements.

These agreements are legally binding contracts signed by both parties that take effect if the couple splits up, similar to a prenuptial agreement. Terms addressed in a cohabitation agreement may include:

• Property accumulated during the relationship

• Property acquired by gift or inheritance

• "Separate" property acquired before the relationship

• Living expenses

• Dispute resolution (such as agreeing to mediation or arbitration)

As a practical matter, unmarried couples rarely think to write up a contract when starting a relationship or moving in together. But without this agreement, Minnesota courts won't consider a palimony claim.

The table below summarizes Minnesota law relating to cohabitation and property division for unmarried couples.

Note: FindLaw strives to provide the most current information available. However, state laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. For help understanding how these laws might apply to your situation, consult with a Minnesota family law attorney.

Related Resources

If you have questions about Minnesota alimony laws, click on the links below for more information:

• Minnesota Marital Property Laws

• Minnesota Child Custody Laws

• Minnesota Child Support Guidelines

Get Legal Help From a Minnesota Divorce Lawyer

Minnesota law is straightforward about spousal maintenance. But ongoing financial support is often just one piece of a divorce proceeding. Get legal advice from a Minnesota divorce lawyer before deciding on your support or property division.