Spousal Maintenance

Minnesota Spousal Maintenance Lawyer

When a marriage has come to an end, one spouse provides support to the other and this support is called “spousal support.” It is also frequently referred to as “alimony.” Years ago, the husband was the one who paid alimony, but that is not always the case. Nowadays, it is the spouse with the higher income who pays. Obviously, the details can sometimes be complicated, which is why you need the help of a Minnesota spousal maintenance lawyer to help you sort through them.

When spousal maintenance is awarded, it can be temporary or it can be permanent. Temporary support is established for a fixed period of time. Usually, it is long enough for the recipient to establish their own income or to establish a better income. For instance, they may go to college, look for a better job, or seek out a promotion on their existing job. The second type is permanent, which doesn’t end until the recipient gets married, either party passes away, or it is terminated at a later date.

Determining Spousal Maintenance

There are certain factors that determine the need and amount of spousal maintenance. Those factors include:

  • Financial resources of both parties, including marital property within the possession of each party and each party’s needs to satisfy their needs independently.
  • The time needed to acquire an education, a better job, or a promotion. The party’s age, experience, and skills are taken into account.
  • The loss of retirement benefits, earnings, employment opportunities, and other income-related issues by the person seeking spousal support.
  • The standard of living during the marriage.
  • The physical and emotional state, as well as the age of the party seeking support.
  • The ability of the spouse providing support to meet their needs and the needs of the other party.
  • How much each party contributed to the preservation, acquisition, appreciation, and depreciation of the marital property. If one spouse did not work, then that spouse’s contribution as a homemaker is also considered.

The court doesn’t consider who was at fault in the divorce. If one was dishonest with the other, that doesn’t matter. That person may still be awarded spousal maintenance to be paid by the spouse with the higher income.

Modification Of Maintenance

If you need a spousal maintenance order modified, your Minnesota Divorce lawyer can make a motion to the court for modification. Such a request can be made if public assistance is being received, the gross income of one or both parties changes, the needs of one or both parties changes, the cost of living changes, there are significant medical expenses, someone retires, or health status changes.

Contact A Minnesota Divorce Lawyer

If you need to establish spousal support or make changes to an existing order of support, the first step is to speak to your attorney. Your attorney can advise you of your options and give you the information you need to ensure the process is carried out properly and as smoothly as possible. To find out more, schedule your free 30 minute phone consultation by calling 952-882-1227 today.