Help For All Your Spousal Maintenance Questions
During a divorce, one spouse may request spousal maintenance, also known as alimony or spousal support. Spousal maintenance is a way of leveling the financial playing field after a divorce is finalized.
We have represented many clients in obtaining spousal maintenance in mediation, district court and the Minnesota Court of Appeals. We have also been successful in defending against claims for spousal maintenance where it was not warranted. Our attorneys have successfully obtained orders terminating spousal maintenance under a law that permits termination where cohabitation is proven.
Spousal maintenance is intended to help a party achieve financial independence. The duration may be temporary (a certain number of years or until a certain event occurs) or permanent. Spousal maintenance is awarded based on the duration of the marriage; each person’s earning capacity; each person’s ability to provide financial support for themselves; each person’s financial need for support based on the standard of living enjoyed during the marriage; and other factors.
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Spousal maintenance may be ordered if one spouse does not have the financial resources to meet their reasonable monthly expenses after a divorce. The law requires the court to consider the standard of living the parties enjoyed during the marriage and allocate available resources while recognizing that the standard of living of both may decrease somewhat since it is more expensive to live separately than together. Spousal maintenance needs to be requested during the divorce process or it will be waived
An attorney from Evenson Decker, P.A., can help you create the best case to support your spousal maintenance claim or defend against a claim.
The court can award spousal maintenance in an appropriate amount for a temporary or permanent period. Many factors are considered for each party, including:
- Financial resources;
- Responsibilities for children or property;
- Age of the party seeking maintenance;
- Marketable skills;
- Necessary training or education;
- Duration of the marriage;
- Loss of earnings during the marriage;
- Retirement benefits available to the party;
- Other property; etc.
Termination / Modification
Termination of spousal maintenance can occur by operation of law such as when a party dies, a recipient remarries or by a date defined in the order. It can also occur when certain less-definite circumstances exist such as a recipient becomes financially self-supporting or cohabitates with someone they would otherwise marry but for the desire to continue to receive spousal maintenance.
Modification or termination of a maintenance award can be requested by the paying party if the recipient lives with a person with whom they are in a romantic relationship. A modification or extension of maintenance can be requested by the recipient if payments are scheduled to end per the order and the recipient does not feel they will have the ability to meet their financial needs without continuation of the maintenance award. Modifications may be requested by either party for a variety of reasons such as changes in income or expenses for themselves or the other party.
Contact An Attorney For Spousal Maintenance Assistance Today
At Evenson Decker, P.A., we establish close working relationships with clients resulting in strong and effective representation. If you find yourself in need of a spousal maintenance attorney, please contact us today or give us a call at 320-301-1025 to schedule an appointment.