Spousal Maintenance Changes – August 2024
Spousal maintenance in Minnesota is governed by M.S.A. § 518.552 which is being updated as of August 1st, 2024. A common misconception is that parties with different incomes must equalize after tax cash flow to determine the amount of spousal maintenance. However, the key question to whether maintenance is ordered is whether a party’s income is sufficient to provide adequate self-support when considering the standard of living established during the marriage and all relevant circumstances. Spousal maintenance is based upon need.
Minnesota Statute 518.552
M.S.A. § 518.552 is structured as a linear and sequential application of factors in evaluating spousal maintenance. Subdivision 1 evaluates the grounds, Subdivision 2 evaluates the amount, and Subdivision 3 evaluates the duration. The forthcoming changes in August 2024 have the largest practical impact on Subdivision 3 by establishing the relationship between length of marriage and presumed duration of maintenance. The new law states that the rebuttable presumption of the length of maintenance for a 0-5 year marriage is none, 5-20 years is half the length of the marriage, and more than 20 years is indefinite. However, this is not a binding formula and duration can be argued differently by both parties.
Showing of Need is Required
Under the statute, an award of maintenance “depends on a showing of need” but even an unemployable spouse “is not by that fact alone necessarily entitled to maintenance.” Lyon v. Lyon, 439 N.W.2d 18, 22 (Minn.1989). The threshold question presented by Minn. Stat. § 518.552, Subdivision 1, is therefore a determination of the reasonable needs of the applicant seeking maintenance, and their ability to meet those needs independently. As the Court noted in Dobrin v. Dobrin, 569 N.W. 2d 199, 201 (Minn. 1997), the eight additional factors identified in Minn. Stat. § 518.552, Subdivision 2, need not be considered if the applicant has failed to establish the need for spousal maintenance under Subdivision 1.
Curtis v. Curtis and the eight factors
Once a spouse has made a sufficient showing of need, only then will a court consider the amount and duration of a maintenance award by weighing the eight factors enumerated in Subdivision 2. Curtis v. Curtis, 887 N.W.2d 249, 252 (Minn. 2016). There are statutory changes to the factors in Subdivision 2 in the updated version of the law. Notably, the extent to which the marital standard of living was funded by debt has been added as a consideration, as well as the diminishment in employment earnings, seniority, benefits, or opportunities forgone to support the spouse or children of a marriage.
In summary, judicial precedent, in combination with the statutory updates effective August 1st, 2024, demonstrate that for spousal maintenance to be ordered, the requesting party must first demonstrate sufficient need (Subd. 1), apply the eight updated factors to determine the amount (Subd. 2), and follow the new guidelines based on marriage length to determine the duration (Subd. 3).
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