In the event of a divorce, if either spouse does not have a separate estate, or if a spouse's assets are not sufficient to offer a means of support, a judge might order alimony, which is also known as spousal maintenance in Minnesota. Alimony is usually a monthly financial allowance paid by one spouse to another. The purpose of alimony is to offset any unfair economic effects of a divorce by providing a continuing income to a non-wage earning or lower-wage earning spouse.

To be eligible for alimony, spouses in all states, including Minnesota, must have been legally married. Alimony is usually based on a settlement agreement made between the spouses or the discretion of a judge. In Minnesota, a spousal maintenance award requires the demonstration of three things: the need for spousal maintenance, the ability of a party to pay spousal maintenance, and a marriage whose length has been sufficient enough to establish “entitlement” according to Minnesota Statute 518-552.

In Minnesota, spousal support may be ordered on a temporary basis while the divorce is pending. Once support is ordered, it may be modified based on a showing of a substantial change in circumstances. Minnesota law recommends that courts consider the following factors when awarding alimony:

• The financial resources of the spouse seeking maintenance
• The time necessary for the spouse seeking maintenance to acquire sufficient education or training to enable him or her to find appropriate employment
• The standard of living established during the marriage
• The length of the marriage and, in the case of a homemaker, the length of absence from employment and the extent to which any education, skills, or experience have become outmoded and earning capacity has become permanently diminished
• The loss of earnings, seniority, retirement benefits, and other employment opportunities forgone by the spouse seeking maintenance
• The age and the physical and emotional condition of the spouse seeking maintenance
• The ability of the other spouse to meet his or her own needs while also meeting the needs of the spouse seeking maintenance
• The contribution of each party in the acquisition, preservation, depreciation, or appreciation in the amount or value of the marital property, as well as the contribution of a spouse as a homemaker or in furtherance of the other spouse's employment or business

In the United States, alimony is treated differently tax wise from child support payments. In Minnesota, alimony is deductible for the person who pays it and taxable income for the person who receives it under the rules of the Internal Revenue Service, while child support is not. This can make alimony a tax advantage for the person who pays it and has prompted the federal government to create “hurdle tests” to differentiate between alimony, child support, and property settlement. 

In the past, most alimony awards were made to homemakers who needed the support from their former husbands. However, since current marriages often consist of two wage earners. and more men are assuming child-rearing duties, alimony awards have changed. It is no longer unusual for an ex-wife to be compelled to make alimony payments to her ex-husband. For an overview of divorce and alimony law in Minnesota, go to lawyers.com.