Spousal Support
Alimony, spousal support, or spousal maintenance as it is known in Minnesota, occurs when a marriage ends, and one spouse continues to provide money to the other spouse beyond the divorce. Spousal support (maintenance) is wholly separate from child support.
In Minnesota, either spouse can ask the court for a spousal support (maintenance), or alimony, award. Minnesota allows for spousal support (maintenance) if a person is unable to support themselves with their own income and property. Often the length of the marriage will play a deciding role in the court’s length of the alimony order.
What is Factored into Spousal Support Payments in Minnesota?
Spousal support (maintenance) is determined differently for each case. It depends on each person’s unique circumstances. There is no specific formula for calculating spousal support (maintenance), as there is for child support. Spousal support (maintenance) is one of the more complicated issues in a divorce. This is because several items come into play when the court is determining these amounts.
The court will review several particulars regarding a marriage when awarding spousal support in Minnesota. These include the following:
- The finances of the spouse requesting support;
- The time and education needed for the requesting spouse to become wholly or partly self-supporting;
- The probability of the requesting spouse, due to their age and skills, of becoming fully or partially self-sufficient;
- The duration of the marriage;
- The loss of earnings, seniority, retirement benefits, and other employment opportunities given up during the marriage by the spouse requesting support;
- The age, physical, and emotional condition of the spouse requesting support;
- The ability of the non-requesting spouse to meet their own needs and those of the requesting spouse;
- The contributions of each party during the marriage, whether monetary or in furtherance of the other spouse’s support of the home.
You want to consult with an experienced spousal support (maintenance) attorney if you believe you may need spousal support (maintenance) or have to pay spousal support (maintenance). Contact the attorneys at Perusse Family Law, PLLC today for a legal consultation.
How Long Does Spousal Support in Minnesota Last?
Minnesota courts can make three different orders regarding the duration of spousal support payments. Spousal support payments can be temporary, short-term, or permanent/long-term.
A temporary order of spousal support lasts only while the divorce case is open and ongoing. The temporary order does not go beyond the divorce case. A short-term spousal support order is typically for those parties who have the ability to become self-supporting but need a period of time to get training, experience, or education to increase their income.
A permanent, or long-term spousal support order, is necessary when it is doubtful that the receiving spouse will ever be able to support themselves. This type of order does not have an end date set and in many cases can be modified or terminated in the future.
Contact Perusse Family Law
Spouses often fear that they will lose a large portion of their income when they get a divorce or that they will not be able to pay their bills after the divorce is final. The attorneys at Perusse Family Law, PLLC understand the complexities of determining spousal maintenance. Contact Perusse Family Law PLLC today;
Let our 30 years of combined legal experience guide you through the process. Whether you are seeing spousal support (maintenance) or are worried about having to pay spousal support (maintenance), we can put a plan in place for your future support needs.
