Alimony, or spousal maintenance, can be challenging during a divorce. In Minnesota, the process involves many factors and considerations. In this blog, we address four frequent questions to help you understand the basics of alimony.
1. When is it Awarded?
Alimony provides financial support from one spouse to another after separation or divorce. This helps the lower-earning spouse become self-sufficient. In Minnesota, either spouse can request spousal maintenance. Yet, a divorce is not a guarantee of alimony. Judges decide if support is necessary.
2. How is the amount and duration of alimony determined?
Minnesota does not use an alimony calculator. Instead, judges consider several factors outlined in state statutes. These include:
- The requesting spouse’s property and ability to meet their reasonable needs.
- The standard of living during the marriage.
- The length of the marriage.
- The age, health, and emotional condition of the spouse seeking maintenance.
- Contributions to the marital estate by each spouse.
- The earning capacity of both spouses.
Judges also consider other factors, such as child support and property division. Dealing with alimony can be confusing. An experienced lawyer can help you understand your rights and represent you in court.
3. What types of spousal maintenance are available?
Minnesota recognizes several types of spousal maintenance:
- Temporary maintenance: awarded during or immediately after the divorce. It helps the lower-earning spouse gain education or skills to become self-sufficient. This support is not long-term but can last several years.
- Permanent maintenance: also known as long-term maintenance. It provides ongoing support to a spouse unlikely to become self-sufficient.
4. Can alimony orders change or end?
Yes, alimony orders can end under certain conditions. Spousal support ends upon the recipient’s remarriage. It may also end if the recipient cohabitates with another adult. If either spouse’s circumstances change, they can ask the court to reconsider the case.
Understanding alimony in Minnesota involves navigating various laws and factors. Whether you are requesting support or expected to provide it, knowing the basics can help you prepare for the process.