Spousal maintenance is another term for “alimony” and means that one spouse provides financial support for the other after a divorce. Not every case will involve spousal maintenance. For it to apply, there must be an income disparity between the parties and a history of one spouse providing financial support for the other spouse during the marriage.
If you are going through a divorce and seeking spousal maintenance or you believe that you may be responsible for the financial support of your spouse, our Minneapolis divorce attorneys can help you. We represent your interests and give you the advice you need throughout the divorce process.
Advocating For Your Interests
The court will need to determine the specifics about the support that you are to receive or pay, so they take the following factors into consideration:
- The type of assets and income of the spouse asking for support.
- How long the spouse seeking support has been unemployed due to being a homemaker.
- Whether or not the spouse seeking support is able to obtain the education or training for meaningful employment.
- The length of the marriage.
- The physical condition and age of the spouse seeking support.
- The ability of the supporting spouse to provide support to the one seeking support.
- The contribution of both to the assets and property acquired during the marriage.
Minnesota’s courts do not consider fault when they determine whether or not an individual should receive support from the other. Unlike child support, there is not a formula or calculator that is used to determine the amount or duration of spousal maintenance. While there are factors that the Court considers, the Court awards spousal maintenance when one spouse needs it and the other spouse has the ability to pay it. These are often disputed issues, and the Court is afforded a great deal of discretion in making these determinations. For that reason, it is important that you have an experienced Minneapolis divorce lawyer representing you through the process.
Spousal Maintenance Modification
Once spousal maintenance is determined, circumstances can change over time and that might warrant spousal maintenance modification.
There are several circumstances that can lead to spousal maintenance modification. Those circumstances can include a change in income for the spouse paying or a change for the spouse receiving, such as finding meaningful employment or getting married.
Contact A Minneapolis Divorce Lawyer
Spousal maintenance is a part of the divorce process, as it involves one former spouse making payments to the other for a specified amount of time so that the party earning less is able to maintain their standard of living until they are able to establish it on their own or they remarry. If you are going through a divorce, it is important to have an experienced attorney by your side. To learn about how Beyer & Simonson, LLC can provide you with the representation you need, call 952-303-6007 and schedule a free consultation.