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Legal Information: Minnesota

Divorce

Laws current as of August 21, 2024

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  • the length of time you were out of the workforce and how much your education, skills, or experience have become outdated and reduced your earning capacity;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)