Spousal maintenance is a fancy term for “alimony.” In general , spousal maintenance is financial support from one spouse for another following a divorce. In the majority of cases, the spouse who earns a higher income is ordered to pay spousal maintenance to the other spouse. Whether you are seeking spousal maintenance or if you think you may be responsible for spousal maintenance, our Twin Cities divorce lawyers can represent your best interests in the courts so you get a fair judgment.
Temporary or Permanent
There are two types of spousal maintenance: permanent and temporary. Temporary spousal maintenance lasts for a certain period of time and then stops. This is usually ordered to help a spouse rebuild financially. On the other hand, permanent spousal maintenance lasts until the spouse receiving support gets remarried or when either spouses dies. The court may also terminate permanent spousal support if circumstances change.
How is Spousal Maintenance Determined?
When a court is trying to determine the specifics about spousal maintenance, several factors that taken into consideration. These factors include:
- What type of income and assets does the spouse have who is seeking support?
- Is a minor child living with the spouse who is seeking support? Note that child support is a separate matter.
- Does the spouse who is seeking financial support have the ability to get training or education for proper employment?
- What was the standard of living established during the marriage?
- How long was the spouse unemployed due to a homemaker situation during the marriage?
- How long was the couple married?
- What is the physical condition of the spouse seeking support? How old is the spouse?
- What is the ability of the supporting spouse to offer financial support to the party seeking it?
- What was each spouse’s contribution to the couple’s marital properties and assets?
When making a decision about spousal maintenance, courts do not consider “fault” as a factor. Spousal maintenance is often awarded to the spouse who initiates the divorce.
Changing Spousal Maintenance
Spousal maintenance is subject to review if the circumstances have changed enough to warrant a change in support. Generally, this involves the person paying alimony having encountered drastic financial difficulties, or the spouse receiving maintenance suddenly needing less support. With the help of our Minneapolis divorce lawyers, you can get your spousal maintenance issues resolved fairly. See our Spousal Maintenance Modification page for details.
Do you have questions about your spousal maintenance situation? Call the family law attorneys at Clausen & Hassan, LLC, today at 651-647-0087 for a free consultation.
Read spousal maintenance statute: link