Frequently Asked Spousal Maintenance Questions

Q: What is the difference between “marital” and “non-marital” property?

A: Minnesota statute creates a presumption that all assets acquired during marriage, including real and personal property, are marital, regardless of whether the property is owned individually or jointly by the spouses [Minn. Stat. § 518.003, Subd. 3(b)].

Non-marital property is property that is acquired as a gift from a third party or inheritance to one spouse but not the other. Non-marital property can also be property that was acquired before the marriage.

However, there is a presumption that all property obtained by either spouse during the marriage is marital property. It may be difficult to determine whether a particular asset has any non-marital components. The person who claims the property to be non-marital has the burden to prove its non-marital character. This can be a difficult process, and it is always recommended to have an attorney assist with any non-martial tracing.

Q: What is alimony? How is it awarded in Minnesota?

A: A spouse may be entitled to alimony, which is referred to as spousal maintenance in Minnesota.

Spousal maintenance is an award of ongoing monetary support from one spouse to another in a marital dissolution or legal separation [Minn. Stat. § 518.003, 3(a)]. There are many factors that a Court will consider to determine whether a spouse qualifies for temporary support, permanent support, or any support at all.

There is no specific formula for determining an amount or duration of spousal maintenance. Generally, the Court evaluates a spouse’s ability to earn income, both parties budgets, and the length of the marriage.

It can be very difficult to formulate accurate budgets and assess future ability to earn income. Therefore, legal representation is highly recommended where spousal maintenance is at issue.