If you are going through a high income and high-asset divorce in Minnesota, the lifestyle you and your spouse built together plays a big role in spousal maintenance. Understanding how courts define and measure that standard may be one of the most important things you do before your case moves forward.
What “marital standard of living” means and how courts measure it
Under Minnesota family law, the standard of living established during your marriage is one of eight factors courts must consider when deciding spousal maintenance. In high-asset cases, it often carries significant weight.
Courts measure it by looking at how you actually lived during the marriage. That means examining monthly housing costs, travel habits, spending on clothing, vehicles, entertainment, and other regular expenses. The starting point is typically a detailed monthly budget showing how money was spent by the parties, both together and separately.
If your lifestyle was funded by debt rather than income, courts will factor that in and may discount it accordingly.
How it affects spousal maintenance awards
Minnesota does not use a formula for spousal maintenance. Every case is different, and courts make these decisions based on the specific facts of your situation. Maintenance may be awarded if you or your spouse cannot cover reasonable living expenses after the divorce, even after receiving their share of the marital property.
If the court determines that payment of maintenance is proper, how long maintenance lasts may depend on how long you were married. In Minnesota, the court will presume the following durations for maintenance based on the period between the date on which the marriage began and the date on which a dissolution or legal separation action was commenced:
- Under five years of marriage generally carries no maintenance.
- Between five and twenty years, support may last no more than half the length of the marriage.
- Over twenty years, ongoing support with no set end date may apply.
When the court makes these decisions for the parties, the amount and duration of spousal maintenance remain modifiable in the future if the parties’ circumstances change. Generally, a party’s right to seek modification ends once the payment of maintenance has ended.
For high earners, a long marriage with a comfortable lifestyle can mean significant financial obligations after divorce. Courts will not guarantee your spouse the same lifestyle if that is not possible, but they will consider what it takes to meet their reasonable needs.
Why you need to pay close attention
The marital standard of living becomes the benchmark for what you and your spouse needs after the divorce. That means the financial records you gather and how you present them can make a real difference in the outcome.
Minnesota law also lets spouses agree on maintenance terms outside of court. This includes the option to waive future changes to the agreement, which is called non-modifiable spousal maintenance. For many high earners and their spouses, reaching a clear settlement gives you more predictability and control than letting a judge decide.
The stakes in high-asset maintenance cases are too high to navigate without guidance. The earlier you speak with a Minnesota family law attorney, the better positioned you will be to protect your financial interests.