Rochester Minnesota Maintenance Attorney

Alimony Lawyer Minnesota

Spousal maintenance, also known as alimony, becomes one of the issues to address in a divorce or legal separation when one of the spouses does not have the income, earnings or financial resources to meet her/his financial needs. The unique thing about spousal maintenance in Minnesota is that there are no statutory guidelines or charts setting forth an amount of spousal maintenance based on income available to each spouse.  Maintenance is decided on a case-by-case basis based on the factors set forth in Minnesota Statute §518.552 and caselaw. The maintenance analysis in Minnesota amounts to the Court balancing the financial needs and ability to meet those needs independently of one spouse against the other party’s financial condition and ability to pay. Also, unlike child support, spousal maintenance payments are generally taxable to the recipient and deductible by the payor. Maintenance or alimony is a very technical area of the law and a Rochester Minnesota Alimony Lawyer will be indispensable in guiding you through the process.

Types of Spousal Maintenance

The Court can order the following types of Spousal Maintenance:

Temporary spousal maintenance which ends after a set period of time, generally long enough for the recipient to rebuild himself or herself financially.  This award may be subject to modification in either amount or duration. 

Permanent spousal maintenance which typically ceases when the recipient remarries, either party dies, or the court terminates support at a later date.  

Alternatively, parties may agree to something called a Karon waiver. In a Karon waiver, parties may enter into an agreement that prohibits future modification of a maintenance award.

One thing to keep in mind is that an award of permanent spousal maintenance does not mean that it will last forever. A permanent maintenance award is subject to future modification or termination pursuant to the Minnesota Statutes. However, if there is any uncertainty as to the need for a permanent award, the court must order permanent maintenance. 

The most significant difference between a “permanent” or “temporary” award is the issue of future modifications. If the award is permanent, the party paying maintenance must show circumstances that justify modifying or terminating the award (e.g. loss of income, loss of employment, etc.). If the award is temporary, the party receiving maintenance must show circumstances that justify continuing the award beyond the term ordered by the court (e.g. illness, failure to find employment, failure to rehabilitate, etc.).

Minnesota Maintenance Factors

In order for the Court to order maintenance it must find one of the following:

• The spouse asking for maintenance lacks sufficient property, including marital property apportioned to the spouse, to provide for their reasonable needs considering the standard of living established during the marriage, especially, but not limited to, a period of training or education; or
• The spouse asking for maintenance is unable to provide adequate self-support, after considering the standard of living established during the marriage and all relevant circumstances, through appropriate employment, or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.

Once the above factors are met, the court must consider all the factors affecting maintenance, including the statutory factors listed below:

• the financial resources of the party seeking maintenance
• the time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and become fully or partially self-supporting
• the standard of living established during the marriage
• the duration of the marriage and, in the case of a homemaker, the length of absence from employment
• the loss of earnings, seniority, retirement benefits, and other employment opportunities forgone by the spouse seeking spousal maintenance
• the age and the physical and emotional condition of the spouse seeking maintenance
• the ability of the spouse from whom maintenance is sought to meet their own needs while meeting those of the spouse seeking maintenance; and
• the contribution of each party in the acquisition, preservation, depreciation, or appreciation in the amount or value of the marital property, as well as the contribution of a spouse as a homemaker or in furtherance of the other party's employment or business.
  

Alternative Maintenance Agreements

There are situations in which maintenance issues can be addressed by either:

Reservation of the issue until a later time; or The parties may negotiate an agreement to have a larger share of the marital assets awarded to the spouse requesting maintenance in lieu of a maintenance award.

Request a Free Consultation

If you have additional questions about maintenance or alimony, please contact the Dilaveri Law Firm today. We always offer free initial consultations to our clients. Call  507.206.6020 or complete our free case evaluation form.