Unlike child support, spousal maintenance is not mandatory in a Minnesota divorce. The court has broad discretion in awarding spousal maintenance, and a compelling argument must be made to support such a request. Whether you are the spouse who is seeking spousal maintenance or the one who will likely be required to pay it, be sure that you choose an attorney with the ability to protect your interests.
At the law firm of Ryan & Grinde, Ltd., our Rochester spousal maintenance attorneys are committed to resolving these matters in a way that is most beneficial for our clients. From negotiating a fair spousal maintenance agreement to advocating for your interests in court, you can rely on us to provide the effective representation you need.
Understanding Spousal Maintenance In Minnesota
Often referred to as alimony, spousal maintenance can be awarded on a temporary or permanent basis. Under the law, the court can award spousal maintenance in situations where the spouse seeking maintenance is not able to provide for his or her own basic needs, particularly when the spouse requires education or training. Spousal maintenance can also be awarded in situations where a spouse is not able to support himself or herself through a regular job or the spouse cares for a child whose needs make it necessary for the spouse to remain at home.
Among the factors the court considers in spousal maintenance proceedings are the following:
- The financial situation of the spouse seeking maintenance
- The age and health of the spouse seeking maintenance
- His or her employability
- Training or education needed to make the spouse employable
- The standard of living established during the marriage
- The length of the marriage
- The extent to which the spouse's life as a homemaker has impacted his or her ability to find meaningful employment
- One spouse's contributions to the other's career advancement, such as staying at home while the other spouse built a business or went to school
- Each spouse's contributions to the increase in value of the marital estate
- The paying spouse's ability to meet his or her own needs if maintenance is awarded
Discuss Your Alimony Issues With A Lawyer
We conduct a thorough review of your case and fully explain your legal options. Schedule an initial consultation with an attorney by calling our Rochester office at 507-218-7935, our Saint Charles office at 507-932-4461 or toll free at 888-399-7281. You can also send us an email by completing our online intake form.