Will Alimony Be a Part of Your Divorce?
Not all divorce cases include spousal support or spousal maintenance, also known as alimony, in their final decree. In some cases, the court determines that this money is needed. In other cases, they decide that it's not. It may be difficult to determine whether or not this situation applies to you.
An experienced family law attorney can help explain what spousal maintenance factors a court may consider in your divorce case. At Dwire Law Offices, P.A. in Lakeville, Minnesota, we offer a free initial consultation to discuss whether alimony may be a part of your divorce.
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
Unlike child support, which is driven by statutory guidelines, the law has no guidelines for spousal support. The court also has no rules to follow in deciding whether that support should be permanent or temporary. Instead, in deciding spousal maintenance, the court considers:
- How long the couple was married
- The age of the parties
- The education level of each individual
- What work experience the couple has
- If there is a demonstrated need
- The ability of the paying party to pay
- The lifestyle enjoyed during the marriage
For lawyers, advising clients about spousal maintenance is a challenge. Experienced attorneys can disagree about how much one party should pay the other, for what length of time or whether alimony is even appropriate. However, it may be possible to make an argument to the court that alimony should or shouldn't be granted in your favor. Attorney Todd Dwire can help you make that argument.
Modifications of Spousal Maintenance
If you are currently paying or receiving alimony and you are looking to have it modified, there are special court procedures that may limit modification. Alimony orders are sometimes accompanied by a Karon waiver. This waiver shuts the door for one or both parties to modify or terminate alimony.
For a free initial consultation regarding spousal maintenance with Lakeville attorney Todd Dwire, contact us or call 952-232-0179.
