How is Spousal Maintenance Calculated in Minnesota?
HOW IS SPOUSAL MAINTENANCE CALCULATED IN MINNESOTA?
Spousal maintenance determinations in Minnesota are often highly unpredictable. Understandably, after a divorce, potential obligors do not like the idea of having to provide continued financial support to their former spouse. However, potential recipients of spousal maintenance fear the significant financial changes that may result from the divorce.
When is Spousal Maintenance Considered?
Spousal maintenance is appropriate if a spouse:
Lacks sufficient property, including marital property apportioned to the spouse, to provide for reasonable needs of the spouse considering the standard of living established during the marriage, especially, but not limited to, a period of training or education; or
Is unable to provide adequate self-support, after considering the standard of living established during the marriage and all relevant circumstances, through appropriate employment, or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside of the home.
How is Spousal Maintenance Calculated?
In determining the amount and duration of spousal maintenance, the court must consider:
The financial resources of the party seeking maintenance, including marital property apportioned to the party, and the party’s ability to meet needs independently;
The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, and the probability, given the party’s age and skills, of completing education or training and becoming fully or partially self-supporting;
The standard of living established during the marriage;
The duration of the marriage and, in the case of a homemaker, the length of absence from employment and the extent to which any education, skills, or experience have become outmoded and earning capacity has become permanently diminished;
The loss of earnings, seniority, retirement benefits, and other employment opportunities forgone by the spouse seeking maintenance;
The age, and the physical and emotional condition of the spouse seeking maintenance;
The ability of the spouse from whom maintenance is sought to meet needs while meeting the needs of the spouse seeking maintenance; and
The contribution of each party to the acquisition, preservation, depreciation, or appreciation of marital property, as well as the contribution of a spouse as a homemaker or in furtherance of the other party’s employment or business.
The appropriate amount of spousal maintenance is typically determined by examining the obligee’s monthly budget shortfall as compared to the obligor’s monthly budget surplus. As for the duration of spousal maintenance, the court is afforded a great deal of discretion. Court may either order permanent spousal maintenance or temporary spousal maintenance. Permanent maintenance is most commonly awarded in long-term marriages, while temporary maintenance is usually awarded for shorter term marriages. Absent an agreement to the contrary, spousal maintenance terminates upon the death or remarriage of the obligee. Additionally, cohabitation with another adult may trigger a potential modification or termination of spousal maintenance.
MINNESOTA SPOUSAL MAINTENANCE ATTORNEYS
The amount and duration, if any, of spousal maintenance is largely left up to the sound discretion of the judge. In order to ensure that you receive the appropriate amount of spousal maintenance, for a sufficient amount of time, you should contact a Minnesota spousal maintenance attorney who can make arguments on your behalf, and help you receive the maintenance payments that you deserve. Call 651-468-2104 to speak with a Minnesota spousal maintenance attorney today.