Lawyer For Spousal Maintenance In Minnesota
Divorce is rarely simple, and when spousal maintenance is part of the conversation, the financial and emotional stakes can feel overwhelming. Whether you are concerned about securing fair support or facing a maintenance request you believe is unreasonable, the outcome of these decisions can shape your financial future for years to come.
Unlike child support, Minnesota law does not provide a fixed formula for calculating spousal maintenance. Every case is evaluated on its own unique set of circumstances, which means having a knowledgeable and dedicated attorney in your corner can make all the difference.
At Dwire Law Offices, we understand how much is riding on the decisions made during this difficult time. Attorney Todd Dwire brings decades of hands-on family law experience to every case, guiding clients through the complexities of spousal maintenance with clarity, compassion and a steadfast commitment to protecting their financial well-being. We are proud to serve individuals and families across Dakota County, Scott County and Rice County, and we are here to help you move forward with confidence.
Navigating the New Minnesota Spousal Maintenance Guidelines
Minnesota’s spousal maintenance laws have undergone significant changes, and those changes are already in effect. Under the updated Minn. Stat. § 518.552, the legal framework for how courts award and calculate spousal maintenance has been meaningfully restructured. It introduced new maintenance categories and mathematical presumptions based on the length of your marriage that directly shape what a judge can award.
For anyone navigating a divorce in Dakota County, Scott County or Rice County today, understanding how these updated guidelines apply to your specific situation is essential. Attorney Todd Dwire stays current with every development in Minnesota family law so that you don’t have to. We are here to help you understand exactly where you stand under the new law and what it means for your future.
What Is Spousal Maintenance?
Spousal maintenance provides financial support to one spouse or the other after a divorce. It is meant to compensate a spouse who left the workforce due to the marriage. It also helps spouses who have to re-enter the workforce because of the divorce. There are two types of spousal maintenance in Minnesota:
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Indefinite maintenance: Indefinite 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.
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Transitional maintenance: Transitional maintenance is paid for a finite period of time until the party can support themselves.
It is not always easy for a spouse to re-enter the workforce after giving up their career. Spousal maintenance provides financial stability after a divorce. There are a lot of factors that the courts consider to calculate the amount of support one may get.
How Do You Calculate Spousal Maintenance? What Does A Judge Consider?
There is no set standard for calculating spousal maintenance payments in Minnesota. When thinking about spousal maintenance and how much you may owe or be able to receive, the judge may consider 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
- The extent to which the marital standard of living was funded by debt or credit
- The need and ability of each spouse to prepare and save for retirement, including the anticipated time of retirement
The court will also consider your marital and individual property and will take any businesses owned into account when making a determination. Judges can also choose to award maintenance 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 cases need to go to court.
Negotiating A Settlement For Spousal Maintenance
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 spousal maintenance 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 spousal maintenance. Call us at 952-232-0179 or contact us online to schedule a free consultation and get the representation you need.