Unlike child support, there is no standard formula for calculating spousal maintenance in Minnesota. The evidence that the court looks at must be relevant to the factors set forth in Minnesota Statutes 518.552. Spousal maintenance is not meant to be an income equalizer. Just because your spouse earns more does not automatically mean the court will grant maintenance. Balancing the statutory factors, along with the length of the marriage and the disparities in income, the court looks at need of one party versus ability to pay of the other party. A financial need must be demonstrated by evidence to the court in order for an award of spousal maintenance to be entertained. The court then shifts to the other party, to see if that party has the ability to financially meet their own living expenses and if so, do they also then have the additional ability to not only meet their own, but also contribute to the spouse seeking maintenance. Once the court has determined that a spouse is entitled to an award of spousal maintenance, the court must determine whether that award is to be temporary (rehabilitative) or permanent. If there is any question at the time of trial whether or not the spouse seeking spousal maintenance will ever have the ability to become self-supporting in the future from income they will earn from their own employment, then the court favors an award of permanent spousal maintenance.
In general, the longer you’ve been married, and the greater the disparity in earning capacity between the spouses, the more likely it is that a substantial maintenance award will be made.
Because there are many important legal aspects to the language or wording regarding spousal maintenance in a decree and the unique facts of each case and how they may impact a spousal maintenance award, it is important to speak with an experienced family law attorney about your rights.
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