Is Spousal Support An Issue In Your Divorce?
Spousal maintenance (also known as spousal support or alimony) is financial support paid by one spouse to another. Spousal maintenance can be permanent, temporary, a lump sum or rehabilitative. In Minnesota, there is no exact formula for determining whether or how much spousal support will be awarded in a Minnesota divorce.
When you contact the Edina law firm of Hill Crabb, LLC, we can educate you about whether a judge is likely to rule in your favor. Because there is no exact formula for determining spousal maintenance, working with an attorney who has experience with cases involving maintenance claims and is familiar with the propensity of judge’s ruling in the county of your case is beneficial. Our Edina divorce lawyers can counsel you on whether your case is one involving spousal maintenance and the likelihood of paying or receiving spousal maintenance. We help individuals in Edina and throughout Minnesota understand their spousal support options.
Factors That Influence Spousal Support
Although there are no formulas or guidelines to determine whether support is awarded, there are multiple factors that may be considered, including:
- Whether there is a financial need
- Whether a financial need could be overcome
- Whether there is the ability to pay
- Length of the marriage
- Quality of life
- Age of both parties
- Earning capacity of both parties
How Is Spousal Maintenance Calculated In Minnesota?
The court will consider several factors when assessing a spouse’s rights to maintenance. The key factors included in the decision-making process include:
- The length of the marriage
- The standard of living during the marriage
- The ability of each spouse to work
- The income or earning capacity of both spouses
- The monthly expenditure of each spouse
There are two steps to analyzing a request for spousal maintenance.
First we look at the net income of the party seeking maintenance and their monthly budget. If their net income is not sufficient to meet their budget, the party seeking maintenance can establish they have a need for maintenance which moves us then to step 2.
We then consider the factors laid out in statute such as those referenced above to determine how much spousal maintenance is reasonable and for what duration a party should receive it, giving consideration to the other party’s ability to pay. In some cases there isn’t sufficient income between the two parties to support two separate budgets and in those cases maintenance may be appropriate but in an amount where neither party can fully meet their monthly budget.
Because of the many components of a spousal maintenance analysis its important to work with a MN licensed family law attorney with significant experience in cases involving spousal maintenance so they can assist you in determining whether your case is one that would involve spousal maintenance and if so, what amount is fair and reasonable under the circumstances.
Contact A Minnesota Lawyer Today
With so many uncertainties in the spousal support process, working with an experienced spousal support lawyer can help ensure you do not waste resources pursuing compensation if a judge is unlikely to award it. Learn more about the counsel our firm provides by scheduling your consultation. We can be reached through an online contact form or by calling 612-568-5967.