Adultery and Divorce in Minnesota

Adultery often causes tremendous pain and is a common cause of divorce. In Minnesota, adultery can impact the legal outcome of a divorce, including when it comes to alimony.

Alimony laws vary by jurisdiction, so if you're in Minnesota, you'll want to know the state-specific rules on this sensitive issue.

What Role Does Adultery Play in a Minnesota Divorce?

Minnesota is a "no-fault" divorce state, which means that there's no legal need to get into why the marriage failed or who was at fault. If you or your spouse believe that your marriage is "irretrievably broken" (so badly damaged that you can't save it), then the court will grant your divorce. (Minn. Stat. Ann. § 518.06 (2025).)

Minnesota is a pure "no-fault" state, so courts won't consider evidence of adultery when deciding on the outcome of a divorce. However, the court might consider the way the parties conducted themselves during the marriage, including any adulterous affairs, in other contexts.

For example, suppose an unfaithful spouse burned through marital savings to buy jewelry for an extramarital lover. In that case, the court might consider that evidence when making the property division award, which is supposed to be equitable (fair).

Overview of Alimony in Minnesota

Alimony, which courts call "spousal maintenance" in Minnesota, is the money that one spouse pays to the other to help support them after (and sometimes during) a divorce. The court's goal in awarding alimony is to protect the low-earning or unemployed spouse from struggling financially.

Temporary Alimony

Judges can order a spouse to pay alimony during the divorce to prevent the supported spouse from falling into a deep financial hole during the legal proceedings. (Divorces can sometimes take up to a year, or even more, to finalize.) This temporary alimony is available to the supported spouse only until the divorce is final and the judge issues a new, permanent support order.

Short- and Long-Term Alimony

A judge who issues a divorce order and makes a decision on alimony can deny alimony altogether or order permanent or rehabilitative support. Permanent support often comes into play when the lower-earning spouse might never be able to be financially independent. On the other hand, rehabilitative support doesn't last forever. This form of alimony is for a set time period to help the receiving spouse become financially stable.

Whether spousal maintenance should be awarded, and for how long, depends on the length of your marriage. Minnesota law tells judges to consider these presumptions when deciding on alimony:

Courts generally try to avoid granting permanent alimony unless the marriage was long-term and the supported spouse is truly unable to be vocationally rehabilitated and self-sufficient.

A final order for short-term alimony is most common when:

• the marriage didn't last particularly long, or
• the receiving spouse has the potential to become self-supporting after a period of education and training.

(Minn. Stat. Ann. § 518.552(3) (2025).)

How Does Adultery Affect Alimony Awards in Minnesota?

Minnesota law explicitly states that judges must decide alimony "without regard to marital misconduct." That means adultery and other bad behavior don't affect alimony decisions. Judges award alimony based on financial need, not as punishment. Courts must determine the amount and duration fairly and reasonably, without considering misconduct. (Minn. Stat. Ann. § 518.552(2) (2025).)

For a Minnesota judge to award alimony, both of the following statements must be true:

• The receiving spouse lacks the property to meet their own needs.
• The receiving spouse can't earn enough income through employment.

(Minn. Stat. Ann. § 518.552(1) (2025).)

If both of the previous statements are true, then the court can award alimony. To decide the amount and duration of alimony, judges must analyze the following factors:

• the supported spouse's financial resources
• the supported spouse's ability to get enough education or training to find employment
• the standard of living established during the marriage
• the length of the marriage
• if the supported spouse was a stay-at-home parent, the length and significance of their absence from the workforce
• the age, physical, and emotional condition of the supported spouse
• the ability of the paying spouse to meet their own needs while also meeting the supported spouse's needs
• both spouses' contributions to the other party's career, and
• the need and ability of each spouse to prepare for retirement.

(Minn. Stat. Ann. § 518.552(2) (2025).)

Does Adultery Affect Child Custody or Support in Minnesota?

In general, adultery doesn't affect child custody or child support in Minnesota.

Child Support

Judges in Minnesota must use the state's child support guidelines, which don't include marital misconduct.

Judges do consider:

• the parent's gross income
• the number of children, and
• any special circumstances, like childcare or extraordinary health care costs.

(Minn. Stat. Ann. § 518A.35 (2025))

Child Custody

When evaluating child custody, Minnesota courts only consider what's in the child's best interest. Judges consider factors like the child's needs, each parent's ability to provide care, and the stability of each home.

Marital misconduct, like adultery, doesn't directly affect custody, but it can have an indirect impact. If a parent's behavior could harm the child's well-being, the court may restrict or deny custody or visitation to protect the child.

There are situations where a parent's adultery could put their child at risk. For example, suppose a parent commits adultery during the marriage and continues the relationship after the divorce. Suppose as well that the new partner has a history of child abuse or domestic violence. In that case, the court may consider that relationship when deciding custody and may restrict visits based on any potential risk to the child.

(Minn. Stat. Ann. § 518.17 (2025).)

Consulting a Family Law Attorney

If you are preparing for or going through a contentious divorce, you should consider hiring an attorney. An attorney can give you advice specific to your situation, guide you through the complex proceedings, and protect your rights.

For more information, check out our quiz on whether to hire a lawyer for your divorce.