Short Answer:

• It depends, but the longer you are married, and the larger the difference in income, the more likely you are going to owe spousal support.

What is it?

• Spousal support, also called alimony, or spousal maintenance in Minnesota is when the larger income producing spouse makes a monthly payment to the less income producing spouse based on various factors like length of marriage, disparity in incomes, and the reasonable needs of the spouse in light of the reasonable standard of living during the marriage.

Is there any clear guidance? 

• Spousal maintenance is the most “gray” area of the law. It is extremely variable and fact dependent on whether you may or may not be obligated to make this monthly payment to your soon to be ex-spouse.

       

Will I owe Anything?  

• Any spouse requesting spousal support must establish the (1) “need” for support and (2) that the other spouse can afford to pay it.

         

What is the Amount you Might owe?

• You need to establish a “need.”  What is reasonable? This is the arena where lawyers start to go to work. The standard is the “standard of living established during the marriage.” What is this? Did you take vacations a lot? Buy new cars? Live in a nice house with a big mortgage? Go out to eat a lot at nice restaurants?  Go to concerts? Drink nice wine?  All these factors fall into the monthly budget category. 

         

Game of Budgets:

• A game lawyers like to play is in my words the “budget” game.  The spouse seeking support will create as large of a budget as possible to create a large “need” for support.  The spouse who may likely pay has two options: (1) suggest the standard of living is low and likewise create a very small budget to prove to the Court there is a very low “need” for support; OR (2) you lived a good life, so the spouse with the larger income will create a budget so high that he/she cannot afford to live their own lifestyle and pay the other spouse.   Talking to an experienced lawyer will likely result in may litigation stories on how the spouse will attempt to explain why Fido the dog needs special food and lavish salon for the “pet expense” category, or why they need a $2,000 a month in automotive expenses. The list is endless of examples people may attempt to explain.  A good attorney will be able to challenge these expenses in court with actual expenses incurred, and cross examine and show how uncredible and unnecessary these expenses are.

 

Is Spousal Support based on Net Income or Gross income? 

• The answer is “NET” income.  Minnesota law has explained that taxes and other reasonable paycheck deductions are subtracted from the pay before applying the budget. But, be careful not to double count expenses (i.e. medical insurance or IRA contributions).

We have a big disparity in incomes ….How Long Do I have to Pay?

• A major question is whether your marriage has been long enough to justify support. On August 1, 2024, the Minnesota legislature made one of the biggest changes to spousal maintenance law in recent memory.  What was the change?  The length of the marriage is now the primary deciding factor.
•  Also new words like “transitional” have replaced the prior “temporary” spousal support, and “indefinite” has replaced the prior “permanent” explanation. 
•  If you are married less than five (5) years, you are “rebuttably presumed” for no maintenance.   The “rebuttable” word means you have to show very unique circumstances why the Judge should override the presumption, such as disability or other infirmity.
• If you have been married at least five (5) years and less than 20 years, it is rebuttably presumed that “transitional” maintenance should be awarded with a duration of no longer than one-half the length of the marriage.
• The “transitional” period is often defined by 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.
• If the length of the marriage is 20 years or more, it is rebuttably presumed that indefinite maintenance should be awarded. This means you don’t have to go back to school or get new skills if you are the spouse receiving spousal support.

Should I agree to pay spousal support?  

• Don’t agree to pay spousal maintenance without first seeking legal advice, as changing a stipulation or agreement is difficult.

         

What is Reasonable and Who decides?  

• At the end of the day, if the parties cannot agree after mediation or settlement discussions, it is highly likely a Judge will have to decide what is reasonable versus not reasonable. This will vary depending on the geographic and demographics of your judge and the parties. 

 

What about Modifications?

Substantial Change in Circumstances:

• The cornerstone of spousal maintenance modification is demonstrating a "substantial change in circumstances" that renders the existing order "unreasonable and unfair."
• This could include significant changes in income, employment, or the needs of either party.

Common Reasons for Modification:

• Changes in Income: A significant increase or decrease in either party's income is a frequent reason for modification.
• Changes in Need: An increase or decrease in the financial needs of either party can also warrant a modification.
• Retirement: Retirement can significantly alter a party's financial situation, leading to potential modifications. Minnesota law has specific considerations regarding retirement and spousal maintenance modifications.
• Cohabitation: In some cases, the cohabitation of the recipient of spousal maintenance with another person can be a factor in modification.

Legal Process:

• Modifying a spousal maintenance order requires filing a motion with the court.
• This involves providing evidence of the changed circumstances through affidavits and supporting documentation.
• A court hearing will typically be held to determine whether a modification is warranted.

Importance of Legal Counsel:

• Spousal maintenance modification can be complex, and it's highly advisable to seek legal counsel from an experienced family law attorney.
• An attorney can help you understand your rights, gather necessary evidence, and navigate the legal process.
• Consulting with a qualified Minnesota family law attorney is crucial for personalized guidance.

Conclusion:

Spousal maintenance is a complex and multi-factored area. Spousal maintenance can be complex, and it's highly advisable to seek legal counsel from an experienced family law attorney. An attorney can help you understand your rights, gather necessary evidence, and navigate the legal process.