Minnesota Maintenance Duration Presumptions

Minnesota presumes no maintenance for marriages under 5 years, transitional maintenance of no more than half the length of the marriage for marriages of 5 to under 20 years, and indefinite maintenance for marriages of 20 years or more, when the factors support an award.

The presumptions

The court must determine the duration of maintenance based on the length of the marriage, the period from the date of the marriage until the commencement of the action (Minn. Stat. 518.552, subd. 3), if the grounds in subdivision 1 support an award:

Length of the marriagePresumption
Less than 5 yearsRebuttably presumed that no maintenance should be awarded
5 years to less than 20 yearsRebuttably presumed transitional maintenance, no longer than one-half the length of the marriage
20 years or moreRebuttably presumed indefinite maintenance

A 12-year marriage therefore points to transitional maintenance of up to 6 years.

Transitional and indefinite

A maintenance award may be transitional or indefinite. An award of temporary maintenance issued before August 1, 2024 is deemed transitional, and an award of permanent maintenance issued before that date is deemed indefinite. Maintenance awarded while the first proceeding is pending is temporary.

Rebutting the presumption

The presumptions are rebuttable. Evidence on the factors in subdivision 2, such as age, health, forgone career opportunities or a long absence from employment, can support a different duration.

Extending a term

On a motion to modify, including a motion to extend duration, the court applies the factors for an award that exist at the time of the motion (subdivision 5b).

Evidence to gather

The date of the marriage and of the start of the action, employment and training history, and evidence of age and health.

Questions for the negotiation

Decide whether to accept the presumed term or ask for a different one, because the presumptions are rebuttable.

Next steps

See modifying and ending maintenance and try dates in the Minnesota alimony calculator.

Frequently asked questions

How long does Minnesota maintenance last?

By presumption: none under 5 years, up to half the marriage for 5 to under 20 years, and indefinite for 20 years or more.

How is the length of a Minnesota marriage measured?

From the date of the marriage to the date the action is commenced.

Can Minnesota maintenance be longer than half the marriage?

The presumption can be rebutted with evidence on the statutory factors.

What is temporary maintenance in Minnesota?

Maintenance awarded while the initial dissolution or separation proceeding is pending.

When did the Minnesota duration presumptions start?

For awards from August 1, 2024; earlier temporary awards are deemed transitional and permanent awards indefinite.

Official sources

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This is general information, not legal advice. It is based on the cited Minnesota statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Minnesota attorney.