Spousal maintenance, also known as alimony, is generally defined as financial assistance given from one spouse to another after the marriage has been dissolved. Issues surrounding spousal maintenance are often among the most litigated in a divorce. Depending upon the circumstances of your marriage, you or your spouse may be eligible to collect alimony. The attorneys at Arnold & Rodman PA are experienced and knowledgeable in handling spousal maintenance claims.
The goal of spousal maintenance is to allow the lower income spouse to maintain a similar standard of living to that which they experienced during the marriage, while keeping in mind that the parties now need to support two households instead of one. However, the court must consider the facts of the case to determine whether it is fair for the higher income spouse to support the lower income spouse at a certain standard of living, and if so, for how long. Our attorneys will work with you through each step of the process as you gather, analyze, and present your spousal maintenance claim to set realistic expectations and make informed decisions about your future.
Minnesota Spousal Maintenance
In Minnesota, the court may order one spouse to pay spousal maintenance (alimony) to the other if it finds that the spouse seeking spousal maintenance:
1. 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
2. Is unable to provide adequate self-support, after considering the standard of living established during the marriage and all relevant circumstances, through appropriate employment.
In setting the amount and duration of the award, the court must consider:
1. Financial resources of the parties
2. Education, training, and time to enable appropriate employment
3. Standard of living established during the marriage
4. Duration of the marriage
5. Loss of earnings, seniority, retirement benefits, and other employment opportunities foregone by the spouse seeking maintenance
6. Age, physical, and emotional condition of the parties
7. Contribution of each party in the acquisition, preservation, depreciation, or appreciation in the amount or value of the marital property.
Family Lawyers Helping Reach Your Goals
The court has considerable discretion in determining the amount and length of a spousal maintenance order in Minnesota. What happened in another case with similar facts may not happen in your case, as the court may view the facts differently or have a different outlook on the issue of spousal maintenance. Therefore, it is vital that your attorney make compelling arguments to increase the chance that the court will make a favorable decision in your case.
The attorneys at Arnold & Rodman PA are experienced in pursuing and defending against modifications of spousal maintenance and can assist you in addressing your Minnesota spousal maintenance concerns. Get started now by calling our office at 952-955-8008 to schedule an initial consultation with a skilled family attorney.