Minnesota Divorce

Divorce

Basic information

What are the residency requirements for divorce in Minnesota?

To get a divorce, you or your spouse must live in Minnesota or be a member of the armed services stationed in Minnesota for at least 180 days before filing.¹

¹ Minn. Stat. § 518.07(1)

What are the grounds for divorce in Minnesota?

A judge can grant you a divorce if s/he finds that there was an “irretrievable breakdown” of your marriage, which means your marriage cannot be saved. Unlike in many other states, there are no fault-based grounds for divorce in Minnesota.¹

¹ Minn. Stat. § 518.06(1)

What are the basic steps for filing for divorce?

While divorce laws vary by state, here are the basic steps that a person may have to follow in most states:

First, you or your spouse must meet the residency requirements of the state you want to file in.
Second, you must have “grounds” (a legally acceptable reason) to end your marriage, which may include a no-fault ground such as irreconcilable differences.
Third, you must file the appropriate divorce papers and have copies sent to your spouse. (To learn more about filing a summons, preparing a petition, and service of process, go to the Starting the Court Case page in our Preparing for Court - By Yourself section.) For the exact rules for serving the papers, contact your local courthouse or an attorney.
Fourth, if your spouse disagrees with anything in the divorce papers, then s/he will have the opportunity to file papers telling her/his side. This may be called “contesting the divorce.” If s/he contests it, then you may have a series of court appearances to sort the issues out. If your spouse does not disagree with anything, then s/he may sign the appropriate divorce papers and send them back to you and/or the court (depending on your state). If your spouse agrees with everything and signs the papers, this may be called an “uncontested divorce.” Also, if a certain period of time passes and your spouse does not sign the papers or file any papers of his/her own, you may be able to proceed with the divorce as an uncontested divorce anyway. (Speak to a lawyer in your state about how long you have to wait to see if your spouse answers before you can continue with the divorce).
Fifth, if there is property, assets, a pension, debts, or anything else that you need divided, or if you need financial support from your spouse, then these issues may have to be dealt with during the divorce or else you may lose your chance to deal with these issues. The issues may be worked out during settlement negotiations and incorporated into the divorce decree or in a series of court hearings during the divorce. Custody may also be decided as part of your divorce.

You can find more information about service of process in our Preparing for Court – By Yourself section, in the question called What is service of process and how do I accomplish it?

Where can I find additional information about divorce laws in Minnesota?

The Minnesota Judicial Branch has the following resources regarding divorce:

court forms that you may need if you wish to get a divorce in Minnesota;
basic divorce information, including an explanation of residency requirements, fees/costs, and more.

Lawhelp.org provides information about annulments, the costs related to filing for a divorce, and more.

WomensLaw.org is unrelated to the above organizations and cannot vouch for the accuracy of their sites. We provide these links for your information only.

You will find more information about divorce, including the risks of taking your children out of state while a divorce is pending, on our general Divorce page. To watch brief videos about divorce in Spanish with English sub-titles, go to our Videos page. Lastly, learn more about the court process on our Preparing for Court – By Yourself page.

Getting alimony

Can I get alimony?

Alimony, also known as spousal support or maintenance, is financial support paid by one spouse to the other. A judge can grant you alimony if you:

lack sufficient property to meet your reasonable needs and the standard of living you had during your marriage, especially if you need to go through training or education to get a job;
are unable to support yourself, taking into consideration the standard of living you had during your marriage and all other relevant circumstances; or
have custody of a child whose condition or circumstances make it appropriate that you not be required to work outside of the home.¹

¹ Minn. Stat. § 518.552(1)

How will a judge make a decision about alimony?

A judge will consider the following factors when deciding if alimony is appropriate:

your finances and property, including property awarded to you as part of the divorce;
your ability to meet your needs on your own, including whether you have a child living with you and are receiving child support;
the time you would need to get the necessary education or training to allow you to find a job and the likelihood of you completing the education or training and becoming self-sufficient, given your age and skills;
your standard of living during your marriage and how much of that standard of living was funded by debt;
the length of your marriage;
the loss of earnings, seniority, retirement benefits, and other employment opportunities that you sacrificed during the marriage to support the other parent or your child;
the length of time you were out of the workforce and how much your education, skills, or experience have become outdated and reduced your earning capacity;
your age;
your physical and emotional condition;
your spouse’s ability to meet her/his needs while paying you spousal support;
your contribution to advance your spouse’s career or business; and
the need of both spouses to prepare for retirement and the anticipated time of retirement.¹

Note: A judge will not consider your or your spouse’s misconduct during your marriage when determining alimony.¹

¹ Minn. Stat. § 518.552(2)

If the judge orders alimony, how long will it last?

Alimony can either be temporary (“transitional”) or permanent (“indefinite”).¹ However, even if the judge believes alimony is appropriate after considering all of the relevant factors, how long an alimony award will last depends on how long you were married, as you can see in the chart below.

If you were married…	Then the judge should award…
less than five years	no alimony.
between five and 20 years	temporary alimony for no longer than half the length of the marriage.
20 years or more	permanent alimony.²

The length of your marriage is calculated from the date you got married to the date the divorce case was filed. Any alimony that was ordered before August 1, 2024 will be considered temporary.²

Note: The time periods explained above are what’s called a “rebuttable presumption,” which means the judge will assume that these are correct. However, either party may be able to present evidence to try to convince the judge to change it.²

¹ Minn. Stat. § 518.552(2)
² Minn. Stat. § 518.552(3)

Will I continue to receive alimony if I remarry?

Alimony will automatically end if either spouse dies or if you remarry, unless you agree otherwise in writing or the judge orders otherwise in the divorce decree.¹ If you are living with someone but have not gotten remarried, see Can my alimony award be changed?

¹ Minn. Stat. § 518.552(5a)

Can my alimony award be changed?

Alimony terms can be changed (modified) due to a few specific circumstances.

The order is unreasonable and unfair
An alimony award can be changed if one spouse can prove one or more of the following circumstances makes the existing order unreasonable and unfair:

substantially increased or decreased gross income of either party;
substantially increased or decreased need of either party; or
substantial changes in the federal or state tax laws affecting alimony.¹

Cohabitation
The judge can change your alimony award if you live with another adult in a romantic relationship (“cohabitation”) after your divorce. In deciding whether cohabitation should be the reason to change alimony, the judge will consider all of the following factors:

whether you, the person receiving support, are not marrying your live-in partner because of the alimony award;
the economic benefit that you get from the cohabitation;
the length of time you have lived with your partner and the likely future length of the cohabitation; and
the economic impact that changing the alimony award would have on you if you and your live-in partner later stop living together.²

Retirement
The judge can change your alimony award if you or your former spouse retires. In deciding whether retirement should be the reason to change alimony, the judge will consider all of the following factors:

whether the retirement is in “good faith” or is instead an unjustified choice to limit income;
whether the retiree has reached the age:
- to receive full Social Security benefits; or
- that is common to retire in that spouse’s professional field;
whether the retiree has reasonably managed his/her financial assets since the divorce; and
the financial resources available to both parties.³

A motion for modification based on retirement can be filed before the retirement happens as long as you can include the planned retirement date in the motion papers.⁴

A change based either on cohabitation or retirement could come in the form of your alimony award being:

reduced;
suspended;
paused (“reserved”); or
ended (“terminated”).⁵

Note: In your divorce decree or in a post-divorce decree, you and your spouse can agree that your alimony order cannot be changed in the future. The judge will follow that agreement if it is fair, supported by the facts in your case, and there is full disclosure of both your and your spouse’s financial situations. However, at a later time, if you and your spouse both agree that the judge should be able to modify the alimony order, you can both agree to the change.⁶

¹ Minn. Stat. § 518.552(5b)(b)
²Minn. Stat. § 518.552(6)
³Minn. Stat. § 518.552(7)(b)
⁴Minn. Stat. § 518.552(7)(e)
⁵Minn. Stat. § 518.552(6)(a), (7)(a)
⁶Minn. Stat. § 518.552(5)

Legal Information: Minnesota