Spousal Maintenance Facts
Spousal Maintenance is one of the most heavily litigated issues in divorce cases. Part of the reason for that is the fact that it involves discretion. I am family law attorney Diane Kaer. For more than 35 years, I have helped people resolve their spousal maintenance issues. I can guide you through the spousal maintenance (“alimony”) process and tell you what your options are. I can also answer any other divorce-related or family law questions you have.
- In Minnesota, there is a statute that governs the issuance of spousal maintenance.
- It provides that maintenance can be imposed where one party has insufficient earnings and resources to maintain the marital standard of living without financial support from the other and that the other spouse has the ability to provide for the support of their spouse.
That involves two elements; the first is a need by one spouse and the other is an ability by the other. If both elements are met, then two additional questions arise; for how long does that spouse need support and in what amount?
Two Types of Maintenance
The first issue the court will address is whether maintenance is needed on a temporary or permanent basis.
- Temporary maintenance is only appropriate where the supported spouse can become self-supporting after a reasonable period of retraining or job searching.
- Permanent maintenance is appropriate where no period of retraining would result in the spouse being capable of self-support in the marital standard. If support is appropriate, the amount needs to be determined. This can vary depending on whether the period of training will require tuition costs or child care costs and added support while a spouse furthers his or her education.
Spousal maintenance can be affected by many things including the value and income generation of a spouse-owned business. There are many legal and factual issues that must be addressed. Working with an experienced family law attorney will ensure that your spousal maintenance is appropriate and meets state guidelines. This can save time, money and headaches down the line.
Get Experienced Spousal Support Guidance
If you believe spousal maintenance might be appropriate in your case, contact Kaer Law, P.C. Get the legal guidance you need, when you need it. Call (952) 432-4131 or email me to speak to me about your situation.