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Will she receive spousal maintenance after 26 years of marriage?

Will she receive spousal maintenance after 26 years of marriage?

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:

In Minnesota, spousal maintenance may be granted if the spouse seeking it lacks sufficient property to meet their reasonable needs or cannot support themselves through appropriate employment. The court considers several factors, including:

The financial resources of the spouse seeking maintenance and their ability to meet needs independently.
The time needed to acquire education or training for suitable employment.
The standard of living established during the marriage.
The duration of the marriage and any absence from employment.
The loss of earnings and employment opportunities due to the marriage.
The age and condition of the spouse seeking maintenance.
The ability of the other spouse to support themselves while also meeting the needs of the spouse seeking maintenance.
The contributions of each spouse to the marriage, including homemaking and support of the other's career.

Given the circumstances you provided, since your spouse is capable of supporting herself, the court may consider this when deciding on spousal maintenance. However, the final determination will depend on a comprehensive evaluation of all relevant factors as outlined in Minnesota Statutes (Minn. Stat. § 518.552).

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What factors do courts consider for spousal maintenance in Minnesota?

In Minnesota, courts consider several factors when determining spousal maintenance. These include the financial resources of the spouse seeking maintenance, their ability to meet their needs independently, the time required for education or training, the standard of living during the marriage, the duration of the marriage, any absence from employment, loss of earnings due to the marriage, the age and condition of the spouse seeking maintenance, and the ability of the other spouse to support themselves while meeting the needs of the requesting spouse.

Can a spouse receive maintenance if they can support themselves?

If a spouse is capable of supporting themselves, it may affect their eligibility for spousal maintenance. Courts typically consider the ability of the requesting spouse to be self-sufficient when making their decision. However, each case is unique, and the final determination will depend on a comprehensive evaluation of all relevant factors outlined in Minnesota Statutes (Minn. Stat. § 518.552).

How long does a marriage need to be for spousal maintenance to be considered?

While there is no specific minimum duration for a marriage to qualify for spousal maintenance in Minnesota, longer marriages, such as 26 years, may weigh more heavily in favor of granting maintenance. The court will assess the duration of the marriage alongside other factors, including the financial circumstances of both spouses and their ability to support themselves.

What is the purpose of spousal maintenance?

The purpose of spousal maintenance is to provide financial support to a spouse who may not be able to meet their reasonable needs after a divorce. It aims to help the receiving spouse maintain a standard of living similar to that established during the marriage, especially if they have been out of the workforce or need time to gain education or training for employment.

Is spousal maintenance permanent in Minnesota?

Spousal maintenance in Minnesota can be temporary or permanent, depending on the circumstances of the marriage and the needs of the receiving spouse. Temporary maintenance may be awarded for a specific period, while permanent maintenance may be granted in cases where the spouse cannot become self-sufficient. The court will evaluate various factors, including the length of the marriage and the financial situation of both parties.