When your marriage ends, your financial story doesn’t have to unravel with it. Spousal maintenance—often misunderstood, frequently contested, and rarely straightforward—can feel like one of the most uncertain aspects of divorce. Whether you’re seeking support or facing the obligation to provide it, the legal terrain is complex, and the emotional stakes are high.

At Johnson/Turner, we’re here to change how you experience that journey.

We’ve crafted this in-depth guide to help you understand Minnesota’s spousal maintenance laws, the legal strategies that matter, and—most importantly—how to protect your financial future with confidence.

What Exactly Is Spousal Maintenance?

Spousal maintenance (commonly referred to as alimony) is a legal obligation where one spouse provides financial support to the other during or after a divorce. Its purpose? To prevent unfair economic hardship caused by the end of a marriage—especially when one spouse has been financially dependent on the other.

But here’s what most people don’t realize:
Spousal maintenance is not automatic, not based on fault, and not formulaic.

Every case is unique. The court—or the parties—must analyze several factors to determine whether maintenance is appropriate, how much should be paid, and for how long.

When Might Spousal Maintenance Be Awarded?

You may be eligible for spousal maintenance if:

• You gave up career advancement to support your spouse’s.

• You left the workforce to raise children.

• You earn significantly less than your spouse and can’t sustain the marital standard of living on your own.

• You have a disability or health condition that limits your earning ability.

Conversely, the court may deny maintenance if:

• You have the education, skills, and opportunity to become self-supporting quickly.

• The marriage was short-term and both spouses can maintain financial independence.

• There’s insufficient income or assets to support both parties after divorce.

What Factors Do Minnesota Courts Consider?

Under Minn. Stat. § 518.552, judges consider a wide range of factors. At Johnson/Turner, we guide clients in building compelling, evidence-backed arguments for—or against—spousal maintenance by focusing on these critical elements:

1. Length of the Marriage
   Long-term marriages (usually 10+ years) often strengthen maintenance claims, especially when one spouse was economically dependent.

2. Standard of Living During the Marriage
   Courts aim to help both parties maintain a reasonably similar standard of living, where possible.

3. Age and Health of Both Spouses
   Ongoing medical needs or age-related barriers to employment are taken seriously.

4. Earning Capacity and Work History
   Has the spouse been out of the workforce? Do they need retraining? Are there realistic job opportunities?

5. Education and Training
   If returning to work requires time or education, courts may award temporary maintenance to bridge the gap.

6. Contributions to the Marriage
   Homemaking, child-rearing, and supporting a spouse through school or career advancement all count.

7. Loss of Earnings or Benefits
   Sacrifices made during marriage—like leaving a job for relocation—are considered.

Important: The more documentation you can provide—tax returns, budgets, career history, medical reports—the stronger your position, whether you’re requesting or contesting maintenance.

Types of Spousal Maintenance: Temporary, Permanent, and Reserved

Temporary Maintenance

Often awarded during the divorce process (called pendente lite) and for a defined period afterward. It’s designed to support the lower-earning spouse while they regain financial independence.

Permanent Maintenance

Rare, but awarded in cases where:

• The recipient has a long-term inability to work (due to age, illness, disability).

• The marriage was very long, and the financial disparity is unlikely to change.

Note: Permanent doesn’t always mean “forever.” It can still be modified later under the right conditions.

Reserved Maintenance

In cases where maintenance is not immediately awarded, but the court retains the authority to do so in the future—often due to uncertainty in either party’s financial future.

Frequently Asked Questions (and Real Answers)

Will spousal maintenance be taxed?
Since 2019, spousal maintenance is no longer tax-deductible for the payer or considered taxable income for the recipient under federal law. However, always consult with a tax professional—especially if you’re negotiating a lump sum or property-based settlement.

Can spousal maintenance be waived?
Yes, but it must be waived explicitly in writing. This is often part of a broader settlement. However, waiving it permanently may mean giving up your right to future support, even if your circumstances change.

How long does maintenance last?
There’s no fixed rule. Duration may be:

• Set to a fixed number of years

• Tied to events (like completing school or a child turning 18)

• Indefinite (subject to modification)

Modifying or Terminating Maintenance Orders

Life doesn’t stand still after divorce, and neither does the law.

Either party can request a modification of spousal maintenance if they experience a substantial change in circumstances—such as:

• Loss of employment

• Retirement

• Serious illness or disability

• Increased income of the recipient

• Recipient’s remarriage or cohabitation (which may reduce or terminate support)

At Johnson/Turner, we help clients anticipate these scenarios when negotiating settlements so that agreements are structured with built-in flexibility—or limits on modifications—to protect their long-term interests.

Litigation vs. Settlement: Which Path Is Right for You?

While some spousal maintenance cases require courtroom litigation, many are resolved through negotiation or mediation. At Johnson/Turner, we help you weigh the risks and benefits of both paths.

Litigation: May be necessary when power dynamics, dishonesty, or financial control are at play.
Mediation/Negotiation: Preserves privacy and can offer more flexible, creative solutions.

Our FairWell Mediation service gives separating spouses a respectful, efficient path to resolve maintenance and other issues without going to court.

Why Johnson/Turner Is the Right Partner for This Journey

You’re not just preparing for court—you’re preparing for the next phase of your life. That’s why we go beyond legal advice:

Deep Experience in Complex Family Law

Spousal maintenance is a high-stakes issue. We’ve successfully represented clients on both sides—advocating for fair support, or protecting our clients from excessive, unfair demands.

Flat-Fee Pricing

No hidden fees. No ticking clock. Our flat-rate structure gives you financial clarity from day one.

Life Coaching Support

Family Law clients at Johnson/Turner gain access to free professional life coaching—because financial security and emotional stability go hand in hand.

Options to Fit Your Needs

From traditional full-service representation to budget-friendly DIY support with guidance, we meet you where you are—and walk with you to where you want to be.

Ready to Define Your Next Chapter?

Spousal maintenance doesn’t have to feel like a threat or a mystery. With the right information—and the right partner—you can move forward with strength, clarity, and peace of mind.

Let’s take the first step together. Contact our team for a confidential consultation and find out how we can guide you through this process with compassion, expertise, and trust.