Alimony and Spousal Support in Minnesota

Spousal maintenance may be awarded to a spouse who lacks enough property to meet reasonable needs, cannot adequately support themselves considering the marital standard of living, or is caring for a child whose circumstances make outside work inappropriate. Awards are transitional or indefinite and are set without regard to marital misconduct, considering factors such as financial resources, time needed for education or training, the marital standard of living, length of the marriage and career sacrifices, age and health, the other spouse's ability to pay, contributions to the other spouse's career, and retirement needs. Duration presumptions based on the length of the marriage: under 5 years, no maintenance; 5 to under 20 years, transitional maintenance for no more than half the length of the marriage; 20 years or more, indefinite maintenance, if the grounds for maintenance are met. Maintenance ends on either spouse's death or the recipient's remarriage unless otherwise agreed or ordered.

Minnesota divides marital property in a just and equitable way, without regard to marital misconduct. Marital property is property acquired by either spouse during the marriage, including pension benefits, and it is presumed marital regardless of how title is held. Nonmarital property includes property acquired before the marriage; gifts or inheritances to one spouse from a third party; property exchanged for, or the increase in value of, nonmarital property; property acquired after the valuation date; and property excluded by a valid prenuptial agreement. Factors include the length of the marriage, any prior marriage, each spouse's age, health, occupation, income, skills, employability, estate, debts and needs, and each spouse's contributions, including as a homemaker. Each spouse is presumed to have made a substantial contribution while they lived together.