Spousal Maintenance (Alimony)

Permanent spousal support is paid until the spouse receiving support dies or remarries. Cohabitation with another person may be a consideration in eliminating or reducing the amount of support, but is not of itself a factor that will eliminate maintenance.

Spousal maintenance may be paid pursuant to a Karon Waiver. This form of payment typically limits the amount and duration of spousal maintenance. Generally this is intended to mean that the payment of spousal maintenance cannot be increased or decreased by a court after the decree or order is issued. A Karon Waiver fixes the amount and duration of maintenance. However, there are several factors with which the parties are required to comply for a valid Karon Waiver to take effect. You should consult an attorney to address these and determine whether a Karon Waiver is right for you.

A lump sum support order requires the one-time taxable or non-taxable payment of spousal maintenance (alimony) and can involve important tax obligations that should be considered when reaching an agreement. This form of maintenance is typically accompanied by a waiver of all future maintenance payments.

In Minnesota, temporary and rehabilitative maintenance are the most common forms of spousal support.

Unlike permanent maintenance, temporary spousal support generally lasts for a short period of time, allowing the recipient to regain their financial footing. The spouse receiving spousal maintenance may have a degree or past work experience but needs to update her skills and re-enter the work force for a period before becoming self- supporting.Rehabilitative maintenance requires one spouse to contribute to the needs of a financially dependent spouse as they attend school and seek to become self- supporting. Rehabilitative maintenance is a form of temporary maintenance that carries with it an expectation that with education, the spouse receiving maintenance can become fully, or at least partially, self-sufficient. Sometimes rehabilitative maintenance can be followed with a modified, lower amount of permanent maintenance. This would generally occur only in a long-term marriage where there is an older spouse who is genuinely unable to reach the financial goals that were set for them.Temporary and rehabilitative maintenance are most typically found in shorter marriages where permanent maintenance is not appropriate. What constitutes a short versus a long term marriage is not defined by law but is examined on a case by case basis.