Changes to MN Spousal Maintenance for Duration

NEW LAW: LENGTH OF MARRIAGE DETERMINES DURATION OF SPOUSAL MAINTENANCE

The laws regarding spousal maintenance in Minnesota were changed effective August 1, 2024. The law now states “The court must determine the duration of maintenance based on the length of the marriage.” This is a new addition to the spousal maintenance laws. Prior to this change, there were no solid guidelines to follow. The length of marriage is defined at the date of the marriage to the date of the commencement of the action. If you and your spouse are talking about divorce, that is not a commencement of an action. If you are close to five years, or twenty years of marriage, the date you file for divorce is more important now under the new changes in the law.

Married Less Than Five Years

“When the length of the marriage is less than five years, it is rebuttably presumed no maintenance should be awarded.” Rebuttably presumed means there may be exceptions to this rule, but a person must prove s/he is entitled to an exception. Generally speaking anyone married less than five years should not expect to receive spousal support.

Married between Five and Twenty Years

If the length of marriage is between five and twenty years, and if an award of maintenance is appropriate (based on the factors in MN Stat. §518.552, subd. 1), the duration will be transitional and shall not be more than one-half the number of years in the marriage. For example, if you have been married for 12 years, and if you qualify for an award of maintenance, you cannot get maintenance for more than six years. Again, this duration is “rebuttably presumed” so it is not absolute. There may be exceptions.

Married More Than Twenty Years

If the length of a marriage is 20 years or longer, it is rebuttably presumed the duration of spousal maintenance will be indefinite. That means it is not set for a specific period of time. Either party can file a motion to end the maintenance obligation if circumstances change for the parties. For example if a party retires, or if a party’s financial circumstances change, including an increase in their monthly expenses, then a request to modify or end the maintenance obligation may be made.

If you are considering a divorce and have questions about spousal maintenance, contact Christine Callahan, an experienced family law attorney, for more information.