Spousal Maintenance in Minnesota: What Courts Consider & Why Preparation Matters
Whether you are seeking spousal maintenance, or trying to limit or avoid it, this is a “real-life” issue that almost certainly will impact your standard of living after the divorce. In Minnesota, spousal maintenance outcomes are rarely mechanical. They depend upon judgment, context, and how well the issues are prepared and presented.
Common Misconceptions About Minnesota Spousal Maintenance
Much of the confusion around spousal maintenance comes from a few common misconceptions:
- Spousal maintenanceis automatic in every divorce.
- Spousal maintenancealways lasts indefinitely.
- Evaluators and judges calculate spousal maintenancethe same way in every case.
In Spousal Maintenance, Budgets Matter
In Minnesota, spousal maintenance is not automatic. Making a case for, or against, spousal maintenance requires careful planning. One of the most important components of a spousal maintenance claim is the post-divorce budgets of both spouses. Spousal maintenance is intended to help a divorced spouse meet their reasonable monthly living expenses, and it is vitally important to know what these are.
Almost everyone underestimates their actual monthly living expenses. I have developed a forward-looking monthly budget worksheet that reflects real life – not rough estimates. This budget becomes a critical planning and negotiation tool, and it allows my client and me to work collaboratively as we prepare their case.
Spousal Maintenance Might Not Last Forever
Because of recent changes to Minnesota spousal maintenance law, there are different durations of spousal maintenance, based upon the length of marriage. However, these durations are legal presumptions, which means that judicial officers can follow them, but if there are reasons not to do so, they do not need to follow them. Understanding these presumptions – and when courts depart from them – is critical when evaluating settlement options and long-term risk.
Different Judicial Officers Do Not Always Calculate Spousal Maintenance the Same Way
This highlights a central reality of spousal maintenance in Minnesota: outcomes are discretionary. Different judges and evaluators weighing the same facts can reach very different conclusions, and appellate courts rarely second-guess those decisions. Over decades of practice, understanding how individual judicial officers approach these decisions – and how to prepare cases accordingly – can materially affect outcomes.
Legal Reference
Spousal maintenance questions rarely have simple answers. If you are trying to understand how Minnesota law may apply to your situation – or want to think through realistic options before making decisions – I’m happy to discuss next steps with you. You can contact me at (952) 270-7700 to schedule an initial consultation
