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Legal Information: Minnesota

Divorce

Updated: 
December 18, 2023

How will a judge make a decision about alimony?

The judge will decide how much alimony to award you and for how long. Alimony can either be temporary or permanent. A judge will not consider your or your spouse’s misconduct during your marriage when determining alimony. A judge will consider the following factors:

  • 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;
  • the length of your marriage;
  • if you were a homemaker, the judge will look at:
    • the length of time you were out of the workforce; 
    • if you need education or training to reenter the work force; and
    • if you have a lower earning capacity because you weren’t working while you were married;
  • the loss of earnings, seniority, retirement benefits, and other employment opportunities that you sacrificed during the marriage;
  • your age;
  • your physical and emotional condition;
  • your spouse’s ability to meet her/his needs while paying you spousal support;
  • your and your spouse’s contributions regarding getting and preserving the marital property and contributions to increasing or decreasing the value of the marital property; and
  • your contribution as a homemaker or in any other way that helped to advance your spouse’s career or business.1  

If the judge is unsure whether to give you permanent or temporary alimony, the judge will award you permanent alimony, leaving the order open for changes in the future.2

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