Spousal maintenance is money that one spouse may be ordered to pay to the other after separation or divorce. It’s meant to help the lower-earning spouse meet their reasonable needs and maintain a standard of living similar to what they had during the marriage.

Spousal maintenance is not automatic in Minnesota. Courts consider several factors, including:

• The financial resources of each spouse

• The length of the marriage

• The standard of living during the marriage

• Each spouse’s age, education, and ability to become self-supporting

• Contributions made to the marriage, including homemaking or supporting the other spouse’s career

Not usually. Spousal maintenance can be:

• Temporary: For a limited period while one spouse gets training, education, or reestablishes financial independence.

• Permanent: In long-term marriages or cases where one spouse cannot become self-supporting due to age, disability, or other factors.

In either case, maintenance can often be modified later if circumstances change.

Yes. Spouses can agree in writing to waive maintenance entirely. However, once waived, the decision is typically final—so it’s important to fully understand your rights before agreeing to give it up.

Unlike child support, Minnesota does not use a strict formula for spousal maintenance. Instead, it’s based on the facts of the case and what the court considers fair. This often becomes a point of negotiation or litigation.

Yes, in many cases. Either party can request a modification if there has been a substantial change in circumstances, such as job loss, illness, or retirement. However, if the original order says maintenance is non-modifiable, changes may not be allowed.

If someone fails to comply with a court order for spousal maintenance, the recipient can go back to court to enforce it. Remedies may include wage garnishment, contempt proceedings, or other enforcement tools.

Yes—whether you’re seeking support or responding to a request for it, legal guidance is crucial. Spousal maintenance can have long-term financial implications, and it’s important to protect your interests from the start. At Jennifer Macaulay’s office, we bring clarity and focus to even the most complex financial cases.