Will Minnesota adopt proposed changes to spousal maintenance laws?
Spousal maintenance cases tend to be the most contested and least certain cases in Minnesota, partially because the guidelines in the statute for the award of maintenance are so subjective. Minnesota does not have any bright line rules for whether maintenance will be awarded, how long it will be paid, calculations for the amount of the award, or whether retirement is a guaranteed end to maintenance. Since 2016, a push for a modification of our spousal maintenance statutes has been in the works, but to date, no changes have been adopted by the legislature. HF 2895 is current pending in the legislature, making changes to presumptions for duration of maintenance, guidelines related to retirement, and other potentially positive changes reducing the subjectivity of spousal maintenance laws.
April 2025 update: Commencing August 1, 2024, Minnesota did adopt significant changes to their spousal maintenance laws which are contained in Minn. Stat. 518.552. Previously, Minnesota divided maintenance awards into two categories, temporary and permanent. The new law modifies these terms and instead categorizes maintenance as either transitional or indefinite. Other significant changes are that the law provides a “rebuttable presumption” on the duration of maintenance. For marriages longer than 20 years, the duration of maintenance is presumed to be indefinite (previously permanent). For marriages between 5 and 19 years, the duration of maintenance is presumed to be half the length of the marriage. For marriages less than 5 years, it is presumed that no maintenance will be awarded. Other changes were made to the maintenance factors related to the standard of living during the marriage and the extent to which that standard of living was funded by debt. Finally, an entire subdivision was added to the law that describes what happens when upon a parties’ retirement. If you have questions about how these law changes might affect you, please schedule a consultation with one of our attorneys.
The new law can be found here: https://www.revisor.mn.gov/statutes/cite/518.552