Maenner Minnich can answer your spousal maintenance questions.
Minnesota law provides spouses with the ability or obligation to receive or to pay spousal maintenance to the divorced spouse after the dissolution of a marriage. The need for spousal maintenance is based upon a number of circumstances including the income earned by both parties during the marriage and the spending decisions the spouses made.
While the bulk of the spousal maintenance laws in Minnesota have not changed in decades, there is no formula for spousal maintenance allowing judges broad discretion to evaluate a maintenance request. This discretion allows the Court to weigh many factors including the income earning capability of the spouses, length of the marriage or the time it may take for a spouse earn income necessary to meet his or her monthly expenses.
In its most traditional sense, spousal maintenance was income paid from one spouse to another after the conclusion of a marriage based upon the employment sacrifices made by the requesting spouse during the marriage. While a two income household is more prevalent, the need for spousal maintenance may still exist in marriages.
After a spousal maintenance award, decisions made by prior spouses can have an impact on maintenance awards. A decision to live with another adult or remarry will impact on a spousal maintenance award. For the paying spouse, the loss of a job, relocation or retirement may have an impact on the amount or duration of a maintenance obligation.
If you have further questions about a potential request for spousal maintenance or believe your existing or should be modified, please contact our office to discuss the additional factors that will be considered by Court.
If you have further questions about a potential request for spousal maintenance or believe your existing or should be modified, please contact our office to discuss the additional factors that will be considered by Court. You can also check out our resources page for more information.
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