Spousal Maintenance

A Minnesota Court may award a party spousal maintenance or alimony only when it first makes a finding of fact that the spouse seeking maintenance:

1. 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
2. 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. (M.S. Section 518.552, subd. 1).

In determining a just amount and period of time for maintenance, the court should consider all of the following relevant factors:

• The financial resources of the party seeking maintenance;
• 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;
• The standard of living established during the marriage;
• 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;
• The loss of earnings, seniority, retirement benefits, and other employment opportunities forgone by the spouse seeking maintenance;
• The age, and the physical and emotional condition of the spouse seeking maintenance;
• The ability of the spouse from whom maintenance is sought to meet needs while meeting those of the spouse seeking maintenance; and
• 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 the furtherance of the other party's employment or business.