Will My Wife Get Alimony if We Divorce in Minnesota?

Full question:

My gross monthly income is $3900.00 and hers is $2400.00. She is fully capable of supporting herself. we have been married for 26 years. Should or would she receive spousal maintenance?

• Category: Divorce
• Subcategory: Spousal Support
• Date: 04/07/2025
• State: Minnesota

Answer:

Please see the following Minnesota statutes to determine applicability:

518.552 Maintenance.

Subdivision 1. Grounds. In a proceeding for
dissolution of marriage or legal separation, or in a
proceeding for maintenance following dissolution of the
marriage by a court which lacked personal jurisdiction over
the absent spouse and which has since acquired jurisdiction,
the court may grant a maintenance order for either spouse if
it finds that the spouse seeking maintenance:

(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, or

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

Subd. 2. Amount; duration. The maintenance order shall
be in amounts and for periods of time, either temporary or
permanent, as the court deems just, without regard to
marital misconduct, and after considering all relevant
factors including:

(a) 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) 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) the standard of living established during the marriage;

(d) the duration of the marriage and, in the case of a
homemaker, 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 loss of earnings, seniority, retirement benefits,
and other employment opportunities forgone by the spouse
seeking spousal maintenance;

(f) the age, and the physical and emotional condition of the
spouse seeking maintenance;

(g) the ability of the spouse from whom maintenance is
sought to meet needs while meeting those of the spouse
seeking maintenance; and

(h) the contribution of each party in the acquisition,
preservation, depreciation, or appreciation in the amount or
value of the marital property, as well as the contribution
of a spouse as a homemaker or in furtherance of the other
party's employment or business.

Subd. 3. Permanency of award. Nothing in this
section shall be construed to favor a temporary award of
maintenance over a permanent award, where the factors under
subdivision 2 justify a permanent award.

Where there is some uncertainty as to the necessity of a
permanent award, the court shall order a permanent award
leaving its order open for later modification.

Subd. 4. Reopening maintenance awards.
Section 518.145, subdivision 2, applies to awards of spousal
maintenance.

Subd. 5. Private agreements. 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.

518.62 Temporary Maintenance.

Temporary maintenance and temporary support may be
awarded as provided in section 518.131. The court may also
award to either party to the proceeding, having due regard
to all the circumstances and the party awarded the custody
of the children, the right to the exclusive use of the
household goods and furniture of the parties pending the
proceeding and the right to the use of the homestead of the
parties, exclusive or otherwise, pending the proceeding. The
court may order either party to remove from the homestead of
the parties upon proper application to the court for an
order pending the proceeding.