Minnesota’s family law statutes have recently undergone significant changes. This new legislation went into effect on August 1, 2024 and updates laws concerning custody, parenting time, spousal maintenance, antenuptial and postnuptial agreements, and assisted reproduction. Here is an overview of the key updates regarding spousal maintenance and what you need to know.
Updates to Spousal Maintenance Statutes
Spousal maintenance, also known as alimony or spousal support, has often been a contentious issue in divorce cases. Previously, Minnesota’s laws offered minimal guidance on spousal maintenance awards, leaving significant discretion to judges, which led to inconsistent results across different counties.
The new legislation, effective from August 1, 2024, has revised these statutes. While the criteria for determining whether spousal maintenance is appropriate remain unchanged, the legislation now provides more specific guidelines for determining the amount and duration of maintenance.
New Terminology
Previously, Minnesota statutes referred to spousal maintenance as either “temporary” or “permanent,” terms that were often confusing. “Temporary maintenance” could be extended by court motion, while “permanent maintenance” ended with the recipient’s death, remarriage (unless otherwise agreed), or a future court order. Additionally, “temporary maintenance” could mean either maintenance awarded during preliminary proceedings or maintenance for a set period, sometimes referred to as rehabilitative maintenance.
Under the new law, the terms have been updated as follows:
- Permanent spousal maintenance is now termed indefinite maintenance.
- Temporary spousal maintenance awarded for a set period is now termed transitional maintenance.
- Spousal maintenance awarded following a motion for temporary relief is now termed temporary maintenance.
Amount of Spousal Maintenance Award
The new legislation also modifies how the amount of spousal maintenance is calculated. Previously, courts aimed to maintain the marital standard of living post-divorce. The revised law now also considers whether the standard of living was supported by debt, such as loans or credit cards. This change addresses the reality that high standards of living funded by debt are unsustainable once the marriage ends. Creating an accurate “marital standard of living budget” can be one of the most complex aspects of divorce. Whether you are seeking or contesting a maintenance award, having a precise and reasonable budget is crucial for making a convincing case.
The prior statute mandated that courts evaluate whether spouses requesting maintenance could support themselves “through appropriate employment,” while considering “all relevant circumstances.” The new legislation removes the phrase “through appropriate employment” due to its contentious nature – parties frequently debated what constituted “appropriate employment.” However, employment will still be considered as part of the broader analysis of “all relevant circumstances,” which allows for a wider range of factors to be taken into account. This includes other resources available to the maintenance recipient and potential costs like childcare if the recipient plans to return to work.
One of the most significant changes to the statute is the inclusion of retirement considerations. The new law aims to establish clear expectations for both the party paying and receiving maintenance as it relates to retirement. A key change includes defining a reasonable retirement age as the age for full Social Security retirement benefits.
The new statute deviates from existing case law by requiring that all available resources be used for retirement needs at the time of retirement. This ensures that maintenance recipients cannot keep divorce assets without using them for their reasonable needs and expenses, as opposed to saving them for heirs. Moreover, the new law allows parties to file for modification before retiring, facilitating a smoother and more predictable process and reducing the risk of having a modification motion rejected upon retirement.
Duration of Maintenance
A significant change in the legislation is the introduction of specific language on the duration of spousal maintenance. The new law establishes a rebuttable presumption for the duration of maintenance based on the length of the marriage, defined as the period from the marriage date to the start of the legal action. Below is a summary of the new guidelines:
- Marriage length less than five (5) years: it is rebuttably presumed that no maintenance should be awarded;
- Marriage length is between five (5) and twenty (20) years: it is rebuttably presumed that transitional maintenance should be awarded with a duration of no longer than one-half the length of the marriage, if the factors support the award of maintenance; and
- Marriage length is greater than twenty (20) years: it is rebuttably presumed that indefinite maintenance should be awarded, if the factors support the award of maintenance.
The new statutory milestones will certainly affect when parties decide to initiate divorce proceedings moving forward.
How Can Lommen Abdo Assist?
Whether you are pursuing or contesting spousal maintenance, understanding the new statute is critical. Lommen Abdo experienced divorce attorneys are here to help. Contact us today to schedule a consultation and discuss your needs.