Spousal Support

MN Statute 518.552 governs

If looking for info on modifying spousal support, see: Family Law – Modification of Spousal Support – K|H Law Wiki

Purpose of Spousal Maintenance:

“The purpose of a maintenance award is to allow the recipient and the obligor to have a standard of living that approximates the marital standard of living, as closely as is equitable under the circumstances.” Schmidt v. Schmidt, 964 N.W.2d 221, 226 (Minn. App. 2021)

Must show one of the following is true for the party:

(a) lacks sufficient property, including marital property apportioned to the spouse, to provide for reasonable needs of the spouse considering the standard of living established during the marriage, especially, but not limited to, a period of training or education;

(b) is unable to provide adequate self-support, after considering the standard of living established during the marriage and all relevant circumstances; or

(c) is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.

Amount of maintenance will be based on:

• (a) Income of person seeking maintenance (the financial resources of the party seeking maintenance, including marital property apportioned to the party, and the party’s ability to meet needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian)
• (b) Time it will take person seeking maintenance to get a job or get the skills necessary to get a job (the time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, and the probability, given the party’s age and skills, of completing education or training and becoming fully or partially self-supporting;)
• (c) Standard of living during marriage (the standard of living established during the marriage and the extent to which the standard of living was funded by debt);
• (d) Length of marriage, how long person seeking maintenance was unemployed during marriage (the duration of the marriage and the earnings, seniority, benefits, and other employment opportunities forgone by the spouse seeking maintenance to support the other spouse or children and the length of absence from employment and the extent to which any education, skills, or experience have become outmoded and earning capacity has become permanently diminished;)
• (e) the age, and physical, mental, or chemical health of both spouses;
• (f) Other person’s ability to afford to pay  (the ability of the spouse from whom maintenance is sought to meet needs while meeting those of the spouse seeking maintenance;)
• (g) the contribution of a spouse in furtherance of the other party’s employment or business; and
• (h) the need and ability of each spouse to prepare for retirement and the anticipated time of retirement.

Duration (length) of maintenance:

Prior to August 1, 2024, spousal support used to be categorized as temporary or permanent.

Beginning August 1, 2024, spousal support is categorized as:

• Indefinite (was permanent) means forever
• Transitional (was temporary) means for a certain period of time
• Temporary means spousal support that is ordered temporarily during the divorce proceedings (like at a temp relief hearing).

The specific duration of the maintenance based on the length of the marriage (defined as the date of marriage until the date of the commencement of the action):

• Less than 5 years: none (it is rebuttably presumed that no maintenance should be awarded);
• 5 years – 20 years: no longer than one-half the length of the marriage (it is rebuttably presumed that transitional maintenance should be awarded with a duration of no longer than one-half the length of the marriage if the factors set forth in subdivision 1 support an award of maintenance);
• 20+ years: indefinite (it is rebuttably presumed that indefinite maintenance should be awarded if the factors set forth in subdivision 1 support an award of maintenance.)

Agreements to preclude or limit future modifications

The parties may expressly preclude or limit modification of maintenance through a stipulation, if the court makes specific findings that the stipulation is fair and equitable, is supported by consideration described in the findings, and that full disclosure of each party’s financial circumstances has occurred. The stipulation must be made a part of the judgment and decree or a post-decree stipulated order. The parties may restore the court’s authority or jurisdiction to award or modify maintenance through a binding stipulation.

This is what is commonly referred to as a Karon Waiver. See Family Law – Karon Waivers (preclude modification of spousal support) – K|H Law Wiki

Documents/information to gather in cases where one party is requesting spousal support

1. Detailed budgets for both parties with supporting documentation:
   1. mortgage statement, electric bill, utility bills, phone bill, insurance bill, car payment loan, medical bills, prescription receipts, child related expenses, etc)
2. Detailed post-divorce estimated budget from our client
3. Income for all parties with supporting documentation
   1. paystubs, taxes, 1099, dividend statements, income from retirement, income from disability or social security, rental income, venmo payments,
4. Bank statements for the last 3-5 years of the marriage.
   1. These become relevant when talking about “standard of living”
   2. See for more info: Divorce – Marital Standard of Living – K|H Law Wiki
5. Credit Card / Loan Statements for the past 3-5 years of marriage
   1. These become relevant when talking about how much of the “standard of living” was funded by debt
   2. See for more info: Divorce – Marital Standard of Living – K|H Law Wiki

For more high dollar cases, you’ll want to get information on the standard of living throughout the marriage like how often/where they traveled, how often they did things like go to concerts or events, regular donations they gave, gifts they gave, how often they went out to eat, how often they purchased new vehicles, new furniture, new clothes, etc.

1. 1. If you have a serious spousal maintenance case and standard of living is hotly debated OR frivolous spending by one party is a concern, you could consider doing a lifestyle analysis. If it expensive, but can be worth it depending on the case. Here is an example: 2022-11-23 Lifestyle Analysis