Understanding Alimony 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 to calculate alimony and determine how much spousal support 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. Our attorney, Todd Dwire, has decades of experience helping clients in Apple Valley, Burnsville, Eagan, Lakeville, Prior Lake, Savage and Shakopee with their alimony concerns. Our attorney regularly appears on behalf of clients in Washington County, Rice County, Hennepin County, Dakota County and Ramsey County. 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 Is Spousal Maintenance?
Spousal maintenance, or alimony, provides financial support to one spouse or the other after a divorce. Alimony is meant to compensate a spouse who left the workforce due to the marriage. It also helps spouses who have to reenter the workforce again because of the divorce. There are two types of spousal maintenance in Minnesota:
- Permanent maintenance: Permanent maintenance is 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: Temporary maintenance is paid for a finite period of time until the party can support himself or herself.
It is not always easy for a spouse to re-enter the workforce after giving up their career. Alimony provides financial stability after a divorce. There are a lot of factors that the courts consider to calculate alimony.
How Do You Calculate Alimony? What Does A Judge Consider?
There is no set standard for calculating alimony payments in Minnesota. When thinking about spousal maintenance and how much you may owe or be able to receive, the judge will consider these factors when calculating alimony payments:
- 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
The court will also consider your marital and individual property and will take any businesses owned into account to calculate alimony. Judges can also choose to award alimony as a way to make sure that the terms of a divorce are more equitable.
It is also important to remember that spousal maintenance payments can be modified down the road if you can prove a substantial change in circumstances. However, not all alimony and support cases need to go to court.
Negotiating A Settlement For Alimony
Since the final amount of spousal support 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. In Minnesota, you can consider mediation and other alternative dispute resolution methods. Mediation helps to facilitate agreements between parties.
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.
Schedule Your Free Consultation Today
Contact our law firm and let us take some of the uncertainty out of calculating alimony for you. We regularly work with clients in Washington County, Dakota County, Rice County, Hennepin County, Ramsey County and Scott County. We can help you accurately calculate alimony or spousal maintenance. Call us at 866-442-9693 or contact us online to schedule a free consultation and get the representation you need.