Awarding Spousal Maintenance In Minnesota

Spousal maintenance, commonly referred to as alimony, has the potential to be a strong point of contention in any divorce proceeding. Unlike child support, there is no set formula that a judge must follow when deciding how much to award and who to award it to.

That is why divorcing individuals in and around Lakeville, Minnesota, put their trust in Dwire Law Offices, P.A. We can help shed light on an often complex component of family law and help you pursue an amount to pay or receive that is fair.

What Does A Judge Consider When Awarding Spousal Maintenance?

There are two types of spousal maintenance in Minnesota:

  • Permanent maintenance: paid when there is doubt in the mind of the court as to whether a party can become self-sufficient due to a variety of factors
  • Temporary or rehabilitative maintenance: paid for a finite period of time until the party can support himself or herself

When thinking about spousal maintenance and how much you may owe or be able to receive, it is important to think about these factors:

  • The length of the marriage
  • Each spouse's work experience
  • Each spouse's age
  • The marital standard of living
  • One spouse's ability to pay
  • Each spouse's earnings potential

A lawyer like Todd Dwire can get you to think about these things while drawing from his 17 years of legal experience to give you an idea of a reasonable expectation.

It is also important to remember that spousal maintenance payments can be modified if you can prove a substantial change in circumstances.

Additionally, since the final amount may be left up to a judge, it may benefit you to work with your spouse on a settlement that you both can live with. Even negotiating a prenuptial agreement could take a great deal of suspense out of the process if you eventually divorce. Working with an attorney is still important, however, to make sure you do not sign off on an agreement that could financially devastate you.

Free Lawyer Consultation

Contact our law firm and let us take some of the uncertainty out of spousal maintenance for you. Call us at 952-232-0179 or 866-442-9693 to schedule a free consultation and get the representation you need.