Navigating Alimony And Spousal Maintenance Payments
At Bowden Cyr, PLLC, we take pride in providing thorough representation in divorce, post-judgment modification matters and all aspects of family law. Alimony, or spousal maintenance, can be a contentious issue. We are well-versed in the law, the factors that judges consider and the equities in obtaining meaningful solutions for our clients.
To learn more about alimony payments, call our Woodbury attorneys at 612-254-6409 for a complimentary consultation.
How Does Minnesota Determine Spousal Maintenance?
Spousal maintenance is the legal term for alimony in Minnesota. During a divorce proceeding or legal separation, or in a proceeding for spousal maintenance following the dissolution of a marriage, the court may grant a maintenance order for either spouse if it finds that the party seeking support:
- Lacks sufficient property (including marital property awarded to the spouse) to provide for his or her reasonable needs considering the standard of living established during the marriage, especially, but not limited to, a period of training or education
- Is unable to provide adequate self-support (after considering the standard of living established during the marriage and all relevant circumstances) through appropriate employment, or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home
The maintenance order may be in amounts and for periods of time either temporary or permanent that the court finds fair, without regard to marital misconduct, and after considering all relevant factors, including:
- The financial resources of the party seeking support, including any marital property and child support award
- The time necessary to acquire sufficient education or training to find appropriate employment and the probability, given the party’s age and skills, of becoming fully or partially self-supporting
- The standard of living established during the marriage
- The duration of the marriage, and in the case of a homemaker, the length of absence from employment
- Loss of earnings, seniority, retirement benefits and other employment opportunities by the spouse seeking support
- The age and physical and emotional condition of the spouse seeking maintenance
- The ability of the spouse from whom maintenance is being sought to meet his or her own needs while meeting the needs of the spouse seeking support
- The contribution of each party in the acquisition, preservation, depreciation or appreciation in the amount or value of marital property, as well as the contribution of a spouse as a homemaker or to the other spouse’s employment or business
Minn. Stat. § 518.552
Our family lawyers in St. Paul can help you understand the type of alimony arrangement that will most likely apply in your situation.