Reviewed August 2026
Spousal Support in Minnesota
Minnesota calls spousal support maintenance. The district court decides it in a dissolution of marriage case, under Minnesota Statutes § 518.552. There is no statutory formula for calculating the amount. Instead, the court weighs a list of factors to decide if an award is appropriate. If it is, the court then sets the amount and how long it lasts. A spouse seeking maintenance must first clear one of two hurdles. They must show they lack enough property, including their share of the marital property, to cover their reasonable needs. Or they must show they cannot support themselves through suitable employment, given the standard of living during the marriage. Minnesota courts can order maintenance for a limited period, or with no fixed end date. The statute favors permanent maintenance when it's uncertain whether the recipient can become fully self-supporting. It does not favor short-term awards by default.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how spousal support works under Minnesota law for people researching before they file. It is not legal advice, and Virdix does not prepare or file Minnesota paperwork. See how Virdix works for California divorces.
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Eligibility and factors under Minn. Stat. § 518.552
Section 518.552 requires the requesting spouse to show they lack enough property for their reasonable needs. Or they must show they cannot be adequately self-supporting through suitable employment. Once that threshold is met, the court weighs more factors. These include the financial resources of both parties and the time needed for education or training. The court also weighs the standard of living during the marriage and how long the marriage lasted. It considers any period the spouse spent out of work for domestic duties, plus each spouse's age, physical condition, and emotional condition.
Duration and the uncertainty standard
Minnesota law has a specific rule for close cases. If it's uncertain whether a permanent award is necessary, the court should order permanent maintenance. That order stays open for later modification. This differs from states that default to time-limited awards. The result can be an indefinite maintenance order that stays subject to future modification instead of expiring automatically.
Modification and cohabitation
A maintenance order can be modified if either spouse shows a substantial change in circumstances. That change must make the existing terms unreasonable and unfair. Minnesota law also lets the court weigh whether the recipient is cohabiting with another person in a marriage-like relationship. This matters when the court reviews a modification request, since cohabitation can affect the recipient's financial needs and resources.
Termination on remarriage
Minnesota law generally ends maintenance when the recipient remarries or when either party dies. This applies unless the parties' decree or stipulation specifically says otherwise. A paying spouse who learns of the recipient's remarriage should still bring the matter to the district court for a formal termination order.
Sources: Minnesota Statutes § 518.552 (maintenance), Minnesota State Law Library - self-help resources, IRS Tax Topic 452, Alimony and Separate Maintenance
Not independently confirmed
- The exact subsection of Minn. Stat. § 518.552 governing cohabitation as a modification factor was not independently isolated; confirm current statutory subsection numbering at the linked revisor.mn.gov page.
Spousal Support in Minnesota: frequently asked questions
What is alimony called in Minnesota?+
Minnesota statute uses the term spousal maintenance. Minnesota Statutes § 518.552 governs it, and the district court decides it as part of a dissolution of marriage case.
Does Minnesota have a formula for calculating maintenance?+
No. Minnesota has no statutory formula. The court weighs factors to decide the amount and duration. These include each spouse's financial resources, the length of the marriage, time out of the workforce for domestic duties, and the standard of living during the marriage.
Does Minnesota favor permanent or temporary maintenance?+
Minnesota law directs courts to order permanent maintenance, subject to later modification, when it's uncertain whether the recipient can become fully self-supporting. It does not default to a short, fixed term the way some states do.
Does living with a new partner affect maintenance in Minnesota?+
It can. Minnesota law allows the court to consider whether the recipient is cohabiting with another person in a marriage-like relationship. The court weighs this when deciding a request to modify maintenance, since it can affect the recipient's financial needs and resources.
Does remarriage end maintenance in Minnesota?+
Generally yes, unless the decree or stipulation states otherwise. Minnesota law typically ends maintenance when the recipient remarries or when either party dies.
Is maintenance taxable in Minnesota?+
For divorces finalized after December 31, 2018, the Tax Cuts and Jobs Act changed the tax treatment. The paying spouse can no longer deduct maintenance, and the recipient does not report it as taxable income. Agreements executed before 2019 generally keep the older tax treatment unless later modified.
This page is general information about spousal support in Minnesota, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with Minnesota's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in Minnesota. Virdix does not prepare or file Minnesota divorce paperwork. It is not a substitute for an attorney licensed in Minnesota.
More Minnesota divorce guides
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