Minnesota Alimony and Spousal Support Laws
Minnesota courts may grant alimony when the interests of justice require it for equitable division of property at divorce. The court will look at all circumstances (though marital fault is not taken into consideration in Minnesota).
Types of Spousal Support
- Temporary – may be granted during the time between filing for divorce and final decree.
- Short-Term – granted for limited amount of time, generally to help one spouse become more employable.
- Long-Term or Permanent – granted for a longer amount of time, generally in the case of a lengthy marriage.
Who is Eligible for Alimony in Minnesota
A court may grant alimony for either spouse if the spouse seeking alimony:
- Lacks sufficient property to provide for reasonable needs of the spouse considering the standard of living established during marriage; or
- Is unable to be self-supporting through employment, or is the custodian of a child whose circumstances make it appropriate that the custodian not be required to seek employment.
Minnesota Alimony Guidelines (Factors for Awarding Alimony)
The Minnesota divorce court will determine alimony without regard to fault, considering all relevant factors including:
- Financial resources of the party seeking alimony;
- Time necessary to acquire education or training to enable the party seeking alimony to find appropriate employment;
- Standard of living established during the marriage;
- Duration of marriage;
- Any loss of earnings, seniority, retirement benefits, and other employment opportunities forgone by the spouse seeking alimony;
- Age, and condition of the spouse seeking alimony;
- Ability of the spouse from whom alimony is sought to meet needs while meeting those of the spouse seeking alimony; and
- Contribution of each party to marital assets.
Reasons for Termination or Modification of Alimony in Minnesota
Unless agreed to in writing or provided in the final decree, the obligation to pay future spousal support terminates upon death of either party or remarriage of the party receiving support.
Marital Fault in Minnesota
Minnesota is a no fault state. The sole reason for divorce in Minnesota is irretrievable breakdown of the marriage relationship.
How Long Does Spousal Support Last in Minnesota?
The court shall grant alimony in an amount and for a period of time as the court deems fair.
Minnesota Alimony Taxes
The spouse who pays alimony may claim it as a deduction on federal taxes. The payee spouse is supposed to claim alimony payments as income. Discuss your support order and its tax implications with an attorney to ensure that you comply with the law.
Find an Alimony Attorney in Minnesota
To best protect your interest during a dissolution proceeding, it’s best to talk about your circumstances with an experienced attorney. A Minnesota family law attorney can help you navigate the painful process of divorce with confidence.