Following a divorce, in addition to dividing marital property with your spouse, you may also have to pay child support and/or spousal maintenance (i.e. alimony).
But how long do these obligations last? With child support, the concept is pretty simple. With certain exceptions, if it is determined that you have a child support obligation, you only owe child support for as long as your children are minors. Once your children are no longer minors or have “emancipated” as defined by statute, the obligation stops. Makes sense, right?
But if you owe spousal maintenance, how long does that obligation last?
Like many things in the law, it depends. But, as of 2024, we now have some guidance from the legislature. If your marriage was less than 5 years, it is rebuttably presumed that no spousal maintenance should be paid at all. If your marriage was at least 5 years, but less than 20 years, it is rebuttably presumed that transitional maintenance should be awarded for a duration that does not exceed one-half the length of the marriage. And, if you were married for 20 years or more, it is rebuttably presumed that you should pay indefinite spousal maintenance.
All scenarios presume that the requisite showing of need and ability to pay are also present and you in fact have a spousal maintenance case.
Because these durational limits are rebuttable presumptions, they are not set in stone, but they do provide guidance and codify an unwritten practice that Judges and attorneys had been following for years.
Meet Marc Beyer
Marc Beyer practices in all areas of family law, including divorce, child custody, parenting time, child support, spousal maintenance, and property division. Marc’s philosophy is to negotiate the best settlement possible, but he is prepared to go to trial when necessary. Recognizing that every situation is unique, Marc takes pride in listening to his client’s concerns, and creates goals, expectations, and case strategy for the client accordingly.
Contact Beyer & Simonson
If you are facing divorce and any of the divorce-related issues such as spousal maintenance, child support, child custody, property division, or domestic abuse matters, you need our experienced Minneapolis divorce attorneys to help you. Contact Beyer & Simonson in Edina, Minnesota today at (952) 303-6007.
