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Am I Entitled to Spousal Maintenance?

spousal maintenance

Am I Entitled to Spousal Maintenance?

December 20, 2023

By Johnson/Turner Legal

Am I Entitled to Spousal Maintenance?

December 20, 2023

By Johnson/Turner Legal

Understanding Spousal Maintenance in Minnesota Divorce Cases

Financial Challenges and Spousal Support in Divorce

Navigating finances during a divorce is often complex and stressful. Transitioning from one household to two increases expenses, bringing the issue of spousal maintenance, also known as alimony or spousal support, into sharp focus.

Spousal Maintenance: No Automatic Entitlement

Spousal maintenance aims to help the financially disadvantaged spouse maintain a standard of living similar to the marital one, post-divorce. It’s important to note that Minnesota law does not guarantee automatic entitlement to spousal maintenance. Unlike child support, spousal maintenance calculations are more nuanced and individualized.

Eligibility Criteria for Spousal Maintenance

The basis for spousal maintenance eligibility in Minnesota revolves around statute 518.552, Subd.1. This statute specifies eligibility, including a spouse’s inability to meet reasonable needs post-divorce or to support themselves through appropriate employment. Considerations such as the marriage’s standard of living, child custody, and the feasibility of employment outside the home are crucial in determining eligibility.

Determining Spousal Maintenance

Once eligibility is established, the court assesses various factors under subsection two of the statute to decide the necessity, amount, and duration of spousal maintenance. These factors include:

  1. Requesting spouse’s needs and the paying spouse’s ability to pay.
  2. Length of the marriage.
  3. Time needed for the recipient to acquire employment skills.
  4. Other relevant factors.

Longer marriages often result in more substantial or permanent spousal maintenance awards.

Seeking Expert Guidance in Divorce and Spousal Maintenance

At Johnson/Turner, we specialize in guiding our clients through the complexities of divorce, including spousal maintenance. We focus on balancing legal proceedings with your personal and financial well-being. For a personalized consultation, contact us at (651) 661-2626. Let’s discuss your unique situation and how we can assist you during this significant life transition.

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