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For how long do I have to be married to qualify for alimony?

Rochester, MN |

When does someone qualify for alimony from a marriage? Is there minimum limit of years that you have to be married for alimony?


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Attorney answers 3


No. Under Minnesota law, there is no number of minimum years that qualifies a person for spousal support. Though it becomes increasingly unlikely based on the years married, the change to lifestyle during marriage and more.

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The longer you are marriedm, the more likely you are to recive alimony if you are the person earning the lower income, but there is no minimum qualifying time, and also no magic number which automatically qualifies you.

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There is no minimum limit of years one must be married to qualify for spousal maintenance. Nonetheless, in a marriage of shorter duration, it will be harder to credibly show that a person has given up educational or employment opportunities.

Whether a person has a solid argument to get an award of spousal maintenance will depend upon many factors, including length of marriage, earning capabilities of both spouses, reasonable monthly expenses of both parties post-divorce, whether a spouse has been a stay-at-home parent, standard of living during the marriage, the property settlement (what assets/debts each party will take with them after divorce, etc. This is not a complete list of factors, and there is no mathematical formula for calculating spousal maintenance (as opposed to calculating a child support obligation).

If you have not yet consulted with or hired an attorney, you would be best advised to do so. While there are no guarantees as to an outcome even with an attorney, you odds of getting a favorable result increase, especially if the issue (s) become contested and eventually are fought over in court.

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