Subdivision 1. Grounds.
In a proceeding for dissolution of marriage or legal separation, or
in a proceeding for maintenance following dissolution of the marriage by a court which lacked
personal jurisdiction over the absent spouse and which has since acquired jurisdiction, the court
may grant a maintenance order for either spouse if it finds that the spouse seeking maintenance:
(a) lacks sufficient property, including marital property apportioned to the spouse, to provide
for reasonable needs of the spouse considering the standard of living established during the
marriage, especially, but not limited to, a period of training or education, or
(b) is unable to provide adequate self-support, after considering the standard of living
established during the marriage and all relevant circumstances, through appropriate employment,
or is the custodian of a child whose condition or circumstances make it appropriate that the
custodian not be required to seek employment outside the home.
Subd. 2. Amount; duration.
The maintenance order shall be in amounts and for periods
of time, either temporary or permanent, as the court deems just, without regard to marital
misconduct, and after considering all relevant factors including:
(a) the financial resources of the party seeking maintenance, including marital property
apportioned to the party, and the party's ability to meet needs independently, including the extent
to which a provision for support of a child living with the party includes a sum for that party as
(b) the time necessary to acquire sufficient education or training to enable the party seeking
maintenance to find appropriate employment, and the probability, given the party's age and skills,
of completing education or training and becoming fully or partially self-supporting;
(c) the standard of living established during the marriage;
(d) the duration of the marriage and, in the case of a homemaker, the length of absence from
employment and the extent to which any education, skills, or experience have become outmoded
and earning capacity has become permanently diminished;
(e) the loss of earnings, seniority, retirement benefits, and other employment opportunities
forgone by the spouse seeking spousal maintenance;
(f) the age, and the physical and emotional condition of the spouse seeking maintenance;
(g) the ability of the spouse from whom maintenance is sought to meet needs while meeting
those of the spouse seeking maintenance; and
(h) the contribution of each party in the acquisition, preservation, depreciation, or
appreciation in the amount or value of the marital property, as well as the contribution of a spouse
as a homemaker or in furtherance of the other party's employment or business.
Subd. 3. Permanency of award.
Nothing in this section shall be construed to favor a
temporary award of maintenance over a permanent award, where the factors under subdivision 2
justify a permanent award.
Where there is some uncertainty as to the necessity of a permanent award, the court shall
order a permanent award leaving its order open for later modification.
Subd. 4. Reopening maintenance awards.
518.145, subdivision 2
, applies to
awards of spousal maintenance.
Subd. 5. Private agreements.
The parties may expressly preclude or limit modification of
maintenance through a stipulation, if the court makes specific findings that the stipulation is fair
and equitable, is supported by consideration described in the findings, and that full disclosure
of each party's financial circumstances has occurred. The stipulation must be made a part of
the judgment and decree.
History: 1978 c 772 s 51; 1979 c 259 s 26; 1982 c 535 s 1; 1985 c 266 s 2; 1986 c 444;
1988 c 668 s 19; 1989 c 248 s 7