St. Paul, MN family law attorney Thomas Tuft explains in what situations spousal maintenance is awarded. He explains that when determining spousal maintenance, the first factor considered is whether there is a disparity in income between the parties, since that often means one party will be left at a significant financial disadvantage. Closely tied to that is the duration of the marriage. In very short marriages, even where there is an income disparity, spousal maintenance may not be necessary, as neither party likely gave up educational or career opportunities because of the marriage. However, in longer marriages where one spouse took a step back in their career, did not pursue education, or made sacrifices to support the family at the expense of their own earning capacity, spousal maintenance becomes an important issue.

He notes that in such cases, the longer the marriage and the greater the income disparity, the more likely spousal maintenance will be awarded for a longer duration and in larger amounts. He acknowledges that spousal maintenance is often the most complex part of family law. Compared to determining parenting time, valuing businesses, or dividing assets, spousal maintenance involves multiple factors, broad judicial discretion, and significant unpredictability. Because outcomes at trial can be uncertain and costly, he stresses that it is often better for parties to resolve these issues outside of court. At its core, he explains, spousal maintenance comes down to a balance of need versus ability to pay—though with significant nuance behind it.