Unlike child support, there is no standard formula for calculating spousal support in Minnesota. In general, however, the longer you've been married, and the greater the disparity in earning capacity between the spouses, the more likely it is that a substantial maintenance award will be made.
Whether a woman was married to her partner or lived with her partner for at least three years, or a short period of time if she and her partner have had a child together, she may be eligible for spousal support. There is no limitation period within which she must apply.
Without Child Support Formula The amount of support ranges from 1.5 to 2 per cent of the difference between the spouses' gross income amounts for each year of marriage or cohabitation, up to a maximum of 50 percent, (where 50 percent represents an equalization in income).
Equitable distribution of marital wealth Minnesota is an equitable distribution state. This does not necessarily mean a 50-50 settlement of everything. But the law presumes that all assets and debts acquired during the marriage will be divided equitably, including: Your house and other real estate.
Common methods for calculating spousal support typically take up to 40% of the paying spouse's net income, which is calculated after child support. 50% of the recipient spouse's net income is then subtracted from the total if they are working.
Unlike child support, spousal maintenance doesn't use a guideline calculator. Instead, Minnesota courts determine an amount and a period of time that is fair. (Minnesota Statutes, Chapter 518.552, Subdivision 2). When considering the amount and duration, a judge must consider certain factors.
The “rule of 65” takes into account not only the duration of the marriage but the individual's age at the time of the separation. It allows for indefinite support in cases where the marriage lasted at least five years and the age of the individual plus the number of years of marriage equals or exceeds 65.