In Minnesota, a court can order spousal maintenance (Minnesota's word for alimony) when the spouse asking for it lacks enough property to meet reasonable needs or can't adequately support themselves. Since the 2024 changes to statute 518.552, the length of the marriage sets a starting presumption: under 5 years, usually no maintenance; 5 to 20 years, transitional maintenance for no more than half the marriage; 20 years or more, indefinite maintenance.
Those presumptions can be rebutted, so they're a starting point rather than a guaranteed result. The court still has to work through a list of factors before it sets any amount.
This page summarizes Minnesota Statutes section 518.552 as published by the Office of the Revisor of Statutes, read on 26 October 2026. It's a plain-English summary of the official rules, not legal advice, so talk to a Minnesota family law attorney about your situation.
Who can get spousal maintenance
The court may grant maintenance to either spouse if it finds the spouse asking for it:
- Lacks enough property, including marital property they receive in the divorce, to meet reasonable needs given the standard of living during the marriage, especially during a period of training or education
- Can't provide adequate self-support, after considering the marital standard of living and all relevant circumstances
- Is the custodian of a child whose condition or circumstances make it appropriate for that parent not to be required to work outside the home
Maintenance is decided without regard to marital misconduct. So unlike some states, Minnesota doesn't let a judge use an affair to raise or cut the award.
The factors behind the amount
Once a spouse qualifies, the court sets the amount and the period after considering all relevant factors, including:
- The financial resources of the spouse seeking maintenance and their ability to meet needs independently
- How long they'd need for education or training to find suitable work, and how likely they are to finish it given their age and skills
- The standard of living during the marriage, and how far it was funded by debt
- The length of the marriage and the earnings, seniority and benefits the spouse gave up to support the other spouse or children
- The age and physical, mental or chemical health of both spouses
- Whether the paying spouse can meet their own needs while also meeting the other spouse's
- Contributions one spouse made to the other's employment or business
- Each spouse's need and ability to prepare for retirement
The 5 and 20 year presumptions
Minnesota now measures the length of the marriage from the wedding date to the date the divorce action starts, then applies these rebuttable presumptions:
| Length of marriage | Presumption under 518.552 |
|---|---|
| Less than 5 years | No maintenance should be awarded |
| 5 years to less than 20 years | Transitional maintenance, lasting no longer than half the length of the marriage, if the factors support an award |
| 20 years or more | Indefinite maintenance, if the factors support an award |
The statute also renamed the old categories. An award of temporary maintenance issued before August 1, 2024 is now treated as transitional maintenance, and permanent maintenance issued before that date is treated as indefinite maintenance. Maintenance paid while the case is pending is called temporary maintenance.
The one-year cohabitation rule people miss
Cohabitation doesn't end Minnesota maintenance automatically. A court can reduce, suspend, reserve or end it, after weighing whether the recipient would marry the new partner if not for the maintenance, the economic benefit they get from living together, how long the cohabitation has lasted and is likely to last, and what happens to the recipient if maintenance changes and the relationship ends.
The catch is timing. A motion to modify maintenance because of cohabitation can't be brought within one year of the decree, unless the couple agreed in writing that it could be, or the court finds that refusing would create extreme hardship. So if you're the paying spouse, a new partner moving in during the first year usually isn't grounds to go back to court yet.
When maintenance changes or ends
| Event | What 518.552 says |
|---|---|
| Death or remarriage | Future maintenance ends on the death of either party or the remarriage of the recipient, unless agreed in writing or the decree says otherwise |
| Income or need changes | The court may modify on a showing of substantially increased or decreased gross income or need, making the order unreasonable and unfair |
| Tax law changes | Substantial changes in federal or state tax laws that affect maintenance can support a modification |
| Retirement | Maintenance may be modified; the court weighs good faith, retirement age, how assets were managed and both parties' resources |
| Back-dating | A modification can generally reach back to the date the motion was served on the other party |
On retirement, the statute presumes that once a party reaches full Social Security retirement age, or the customary retirement age in their job, they'll use both income and assets to meet their needs. Retiring at or after that age isn't presumed to be in bad faith, and you can file the motion before you retire if you give the retirement date.
You can agree to rule out changes
Couples can agree to stop or limit future changes to maintenance, but only if the court finds the agreement is fair and equitable, is supported by consideration and follows full disclosure of each person's finances. The agreement has to become part of the judgment and decree. It's a big step, so it pays to understand it before you sign.
Practical next steps
If maintenance or child support is ever collected from wages, our guide to wage garnishment explains how it works, and if a past-due debt of your spouse takes a joint tax refund, Form 8379 for injured spouses is the IRS route to claim your share back.
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My verdict
Minnesota spousal maintenance is more predictable than it used to be. Start with the length of your marriage, because the 5 and 20 year presumptions frame everything that follows, then look at the factors that could push the result up or down. Remember that misconduct doesn't count, cohabitation needs a full year after the decree before it can be raised, and retirement has its own rules. A Minnesota family law attorney can tell you how a judge is likely to apply them to you.
Utah ties support to a list of factors and a cohabitation rule, as alimony in Utah explains.
Frequently asked questions
How long does spousal maintenance last in Minnesota?
It depends on the length of the marriage. Under 5 years, the presumption is no maintenance; 5 to under 20 years, transitional maintenance for no more than half the marriage; 20 years or more, indefinite maintenance.
Is there a formula for spousal maintenance in Minnesota?
No. The court decides the amount after weighing the factors in statute 518.552, such as each spouse's resources, the marital standard of living and the length of the marriage.
Does an affair affect spousal maintenance in Minnesota?
No. Minnesota decides maintenance without regard to marital misconduct.
Does cohabitation end spousal maintenance in Minnesota?
Not automatically. The court can reduce, suspend, reserve or end it, but a cohabitation motion generally can't be brought within one year of the decree.
Does spousal maintenance end when you remarry?
Yes. Unless agreed in writing or stated in the decree, future maintenance ends when the recipient remarries or when either party dies.
What happened to permanent maintenance in Minnesota?
Permanent maintenance awarded before August 1, 2024 is now treated as indefinite maintenance, and temporary maintenance from before that date is treated as transitional maintenance.
Can spousal maintenance change when someone retires?
Yes. The court can modify it, and there's a presumption that a party at full Social Security retirement age will use both income and assets to meet their needs.
Can we agree that maintenance can never be changed?
Yes, if the court finds the agreement fair and equitable, supported by consideration and made after full financial disclosure, and it becomes part of the decree.
