Minneapolis Spousal Maintenance Attorney

When a marriage ends, one spouse may be unable to support himself or herself financially.  When the other spouse has income or assets sufficient to support himself or herself, as well as provide the needed support to his or her ex-spouse, he or she may be required to pay “spousal maintenance,” formerly known as “alimony.”  Either the husband or the wife may be entitled to spousal maintenance.

Determining Alimony Payments

Frequently, when spousal support is appropriate, the parties recognize that fact without the aid of the court and negotiate an amount both parties can live with.The length and amount is determined by negotiation and the needs of the parties.Unlike the Minnesota statutes setting the amount of child support, there is no formula to apply and no exact amount required by law.

When the court must determine the amount of spousal maintenance, the court must first determine whether the requesting spouse needs support and whether the other spouse has sufficient income or assets to provide the needed support while still providing for his or her own support. This is typically done by comparing the spouse’s income and assets to their expenses.If there is a need, and an ability to pay, then the court will consider a number of factors, including:

  • the financial resources of the party seeking maintenance,
  • the time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment;
  • the standard of living established during the marriage;
  • the duration of the marriage;
  • the loss of earnings, benefits, and other employment opportunities forgone by the spouse seeking maintenance;
  • the age, and the physical and emotional condition of the spouse seeking maintenance;
  • the ability of the spouse from whom maintenance is sought to meet their own needs while meeting those of the spouse seeking maintenance; and
  • 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.

Temporary and Permanent Spousal Maintenance

Spousal maintenance may be temporary or permanent. Temporary spousal maintenance ends after a certain length of time—generally long enough for the recipient to obtain their own financial independence. Permanent spousal maintenance is uncommon today, but still appropriate in some cases.  Permanent spousal maintenance typically ceases when the recipient remarries, either party dies, or the court terminates support at a later date.

Spousal Maintenance Modification

Things change.  People lose jobs, become unable to work, or simply don’t earn as much as they once did—especially in this economy.  Sometimes people become able to earn substantially more than they did before.  Former spouses remarry. Either party may request a an decrease or increase of spousal maintenance.  In general, the party making the request must show that there has been a substantial change in circumstances since the last spousal maintenance order that makes the existing order unreasonable of unfair. If spousal maintenance is an issue in your dissolution, or if you need to change the amount of spousal maintenance ordered in your case, call us today at 763.315-1100 for a free consultation.

How we Can Help

If you are facing a divorce or have questions about spousal maintenance, contact our office for a free consultation.. We will work hard to ensure that the amount of spousal maintenance ordered in your case is fair under the circumstances. Choose the Minnesota family law firm that always puts you first – contact Myles A. Schneider & Associates, Ltd. at 763-315-1100.  If you wish, you may dial our family law attorney directly:

Minnesota Alimony Lawyers and Divorce Attorneys

Myles A. Schneider & Associates, Ltd. represent clients from throughout the areas of Minneapolis, St.Paul, MN or anywhere in the whole Twin Cities area – Saint Paul, MN Mpls, Anoka, Apple Valley, Andover, Blaine, Bloomington, Brooklyn Center, Brooklyn Park, Burnsville, Champlin, Chanhassen, Columbia Heights, Coon Rapids, Cottage Grove, Crystal, Eagan, Eden Prairie, Edina, Excelsior, Falcon Heights, Farmington,  Forest Lake, Fridley, Golden Valley, Hastings, Hopkins, Inver Grove Heights, Lake Elmo, Lakeville, Lino Lakes, Little Canada, Long Lake, Mahtomedi, Maple Grove, Maplewood, Mendota Heights, Minneapolis, Minnetonka, Mounds View, New Hope, North St. Paul, Oakdale, Plymouth, Prior Lake, Richfield, Robbinsdale, Rogers, Rosemount, Roseville, St. Anthony, St. Louis Park, Savage, Shakopee, Shoreview, South St. Paul, Spring Lake Park, Stillwater, Vadnais Heights, West St. Paul, White Bear Lake, and Woodbury, MN – Minnesota.