Spousal Maintenance and “Gambling on the Future” in Minnesota Divorce

I’ve previously talked about how spousal maintenance works in Minnesota. (You may also hear it called alimony or spousal support.) At its core, spousal maintenance is a court-ordered payment from one spouse to the other to help meet reasonable needs after a divorce—often tied to the standard of living established during the marriage.

As of August 1, 2024, Minnesota law places significant weight on the length of the marriage. In general:

• Marriages of 5–20 years tend to favor transitional (temporary) maintenance
• Marriages of 20+ years may result in long-term or even permanent maintenance

Courts still look at the full picture, but these guidelines are now an important starting point.

 

What Courts Look At

When deciding spousal maintenance, courts consider a number of factors, including:

• Each party’s financial resources
• The time needed for education or job training
• Age and physical/emotional health
• Contributions to the marriage (including as a homemaker)
• The marital standard of living

In short, the question is whether one spouse can reasonably support themselves—and if not, what is fair.

 

The Part No One Likes to Talk About: It’s a Bet on the Future

Here’s the reality: spousal maintenance is often the most contested issue in a divorce.

Most people don’t want to pay it. And many don’t want to rely on it long-term.

That’s why a common strategy—especially for the potential payer—is to “buy out” spousal maintenance. This usually means:

• Paying more upfront in a property settlement, or
• Agreeing to a lump-sum payment

In exchange, both parties avoid ongoing monthly payments.

Sounds simple—but it’s not.

Because when you do that, you’re making a bet on the future.

 

Why It’s a Gamble

Spousal maintenance isn’t static. Unless the parties agree otherwise, it can change—or even end—based on life events.

Maintenance typically ends if:

• The recipient remarries
• The recipient cohabitates in a marriage-like relationship that reduces their need
• Either party passes away

Maintenance can also be modified if circumstances change:

Changes affecting the recipient:

• Increased income or better employment
• Inheritance or new financial resources
• Reduced monthly expenses
• Job loss or disability
• Increased living costs

Changes affecting the payer:

• Raise, promotion, or new income
• Inheritance or additional assets
• Reduced expenses
• Job loss, disability, or decreased income
• Increased expenses outside their control

 

So… Should You Take the Lump Sum?

A lump-sum settlement offers certainty:

• No future court battles
• No ongoing financial ties
• No risk of future increases in support

But it also means:

• You lose the ability to adjust if circumstances change
• You’re locking in today’s assumptions about tomorrow

And that’s where the gamble comes in.

Will the recipient become self-supporting faster than expected?
Will the payer lose income?
Will something unexpected—good or bad—change the financial picture?

No one has a crystal ball.

 

The Bottom Line

Settling spousal maintenance—especially through a buyout—isn’t just about numbers. It’s about risk tolerance, life circumstances, and educated predictions about the future.

In many ways, it’s one of the biggest financial decisions you’ll make in a divorce.

And yes—it’s a bit of a gamble.