Eagan, MN family law attorney, Susan M. Gallagher when and how spousal maintenance is awarded. She explains that Minnesota has a statute providing guidance on when a spousal maintenance award may be appropriate. Fundamentally, the law requires that the recipient must demonstrate a need for spousal maintenance, while the other party—the obligor—must have the ability to pay. Essentially, the statute looks at whether both parties are situated fairly: if one party cannot meet their needs or is underemployed and could increase their income to offset a potential maintenance obligation, these factors are carefully considered in determining whether spousal maintenance is warranted.