Grounds and Factors for Minnesota Maintenance
A Minnesota court may grant maintenance to a spouse who lacks sufficient property to meet reasonable needs, cannot provide adequate self-support or is the custodian of a child who needs care at home, in a just amount and period set without regard to marital misconduct.
Grounds
In a dissolution or legal separation, the court may grant maintenance to either spouse who (a) lacks sufficient property, including marital property apportioned to the spouse, to provide for reasonable needs considering the standard of living during the marriage, especially during a period of training or education; (b) is unable to provide adequate self-support after considering that standard of living and all relevant circumstances; or (c) 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 (Minn. Stat. 518.552, subd. 1).
The amount factors
The order is in amounts and for periods of time, transitional or indefinite, as the court deems just, without regard to marital misconduct, after considering all relevant factors including: the financial resources of the party seeking maintenance and the ability to meet needs independently; the time needed for education or training; the standard of living established during the marriage and how much was funded by debt; the duration of the marriage and the employment opportunities forgone; age and physical, mental or chemical health; the ability of the other spouse to meet needs while meeting those of the spouse seeking maintenance; contributions to the other spouse’s employment or business; and the need and ability of each spouse to prepare for retirement.
No misconduct
The statute says maintenance is set without regard to marital misconduct.
Child support and maintenance
The first factor looks at whether a child support order for a child living with the party includes a sum for that party as custodian.
Evidence to gather
Budgets for each household, income records for several years, employment and training history, medical records, and the marital standard of living.
Questions to bring to an attorney
Ask how the property you will receive affects the need for maintenance and which factors are strongest on your facts.
Next steps
See the duration presumptions and test numbers in the Minnesota alimony calculator.
Frequently asked questions
Who can get maintenance in Minnesota?
A spouse who lacks sufficient property to provide for reasonable needs, cannot provide adequate self-support, or is a child's custodian for whom outside work is inappropriate.
What factors does Minnesota consider for maintenance?
Resources, education and training time, standard of living, duration of the marriage, age and health, the payer's ability to pay, contributions to the other's career and retirement.
Is fault considered for Minnesota maintenance?
No. Maintenance is set without regard to marital misconduct.
Can either spouse receive maintenance in Minnesota?
Yes. The statute applies to either spouse.
Is there a formula for Minnesota maintenance?
No. The court decides the amount and period it deems just.
Official sources
- Minn. Stat. 518.552: maintenance
- Minn. Stat. 518.58: division of marital property
- Minn. Stat. 518.003: definitions
A local family law attorney can review your situation — many offer a free consultation.
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.