Anoka Alimony Attorney
Spousal Maintenance Cases in Minnesota
In Minnesota, spousal maintenance is the technical term for alimony. If you are going through a separation or a divorce, alimony may be one of the issues that need to be fairly decided. If it is, you will want the assistance and insight of an experienced attorney, so you do not risk paying too much or receiving too little.
Bolt Hoffer Boyd Law Firm and our Anoka alimony lawyers can help you decide a fair amount of alimony as part of your divorce. We represent people who need to receive spousal maintenance to maintain a comfortable lifestyle as well as people who will have to pay alimony to their ex-spouse.
To talk to our attorneys, you can dial (763) 292-2102 at any time.
Why is Spousal Maintenance Awarded?
Minnesota law allows a judge to award spousal support if the requesting spouse:
- Lacks enough property, including marital property from the divorce, to provide for their reasonable needs according to the marital standard of living.
- Cannot provide enough self-support from a job or is the custodial parent of a child requiring that they not work after the divorce.
How Much & For How Long?
Spousal maintenance can be ordered by a judge during a divorce to keep the receiving spouse from suffering financially during the proceedings. Either spouse can ask the court to order spousal support paid to them. Generally, a court is more inclined to order a longer period of spousal support when the marriage was long-term, and the receiving spouse is less likely or unable to become self-sufficient.
How is Spousal Support Calculated?
There is no mathematical formula for spousal support calculations in Minnesota. The law allows the judge to consider certain factors when deciding the amount of maintenance for the requesting spouse.
The factors a judge can consider might include:
- Financial resources of the requesting spouse, including marital property acquired from the divorce, and the spouse’s ability to fulfill needs independently, including child support.
- Amount of time necessary to acquire adequate education or training allowing the requesting spouse to find suitable employment, and the likelihood, given the spouse’s age and skills, of finishing the education or training necessary to become fully or partially self-supporting.
- Standard of living during the marriage
- How long the marriage lasted, how long the absence from employment lasted, and whether any education, skills, or experience became outmoded diminishing earning capacity.
- Loss of income, position, benefits, and other employment possibilities sacrificed by the requesting spouse,
- Age, and the physical and emotional state of the requesting spouse.
- Capacity of the spouse requested to pay maintenance to meet needs while meeting those of the requesting spouse.
- Each spouse’s contribution to the acquisition, preservation, increase or decrease in value of the marital property, as well as the contribution of a spouse as the homemaker or otherwise contributing to the other spouse’s job or business.
Temporary & Permanent Spousal Maintenance
The judge can order temporary or permanent maintenance. The law does not favor one over the other, so it is up to a judge’s discretion. This is another reason why it is so important to work with a talented attorney who knows how to bring forth a convincing argument to the court in your favor.
Temporary orders are used in most cases, though, because they create a lesser financial demand on the person who pays the alimony. If there is uncertainty about permanency, the court will make a permanent award but leave it open to modification. In other words, the person paying the alimony will need to pay it until a justifiable reason arises that would allow them to stop paying it.
A few common reasons why permanent spousal maintenance ends early are:
- Payee marries another person
- Payee secures a significant salary
- Payor loses their source of income
- Either party passes away
Trust in Our Family Law Experience
The experienced Anoka alimony attorneys of Bolt Hoffer Boyd Law Firm understand the complexities surrounding spousal support and can help you work through what can be a difficult, emotional process. We can look at detailed monthly budgets, monthly earnings, each parties’ work experience, and education, and answer any questions you have. Let us determine if you’ll be entitled to receive or be obligated to pay on a short-term or long-term basis, so you can move on with other matters in your divorce.