Spousal Maintenance

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Minnesota law recognizes the right of a party to a divorce to seek an award of spousal maintenance (sometimes referred to as "alimony"). Maintenance is typically awarded when one party lacks sufficient income to meet their needs after divorce, and other party has the ability to assist.

Gambling addiction, or compulsive gambling, can have a profound impact on a marriage, leading to financial distress, emotional strain, and ultimately divorce. In Minnesota, where both tribal casinos and online gambling options are readily accessible, gambling addiction is a real issue that affects many families. When one spouse’s gambling spirals out of control, it can…

Divorce proceedings often involve financial considerations, including spousal maintenance and child support. In cases where one spouse is unemployed or underemployed, Minnesota courts may consider a vocational evaluation to assess their earning capacity. This raises the question: Can a Minnesota divorce court require a party to participate in a vocational evaluation? The answer lies…

Minnesota’s family law statutes underwent significant revisions effective August 1, 2024, introducing changes to spousal maintenance awards.

Spousal maintenance, also referred to as alimony or spousal support, has long been a contentious issue in divorce cases. Historically, Minnesota’s laws provided limited guidance on spousal maintenance awards, giving judges broad discretion and resulting in inconsistent outcomes…

Spousal maintenance is an emotionally-charged issue in divorce. I’ve handled many cases requiring a trial because the parties could not agree on whether alimony was appropriate, or the amount and duration of spousal maintenance. Maintenance is tricky because, unlike child support, there are no formal guidelines or formulas to assist divorce litigants in determining what…

Divorce is never easy, but mental health issues can add an additional layer of complication. Minnesota is a no-fault dissolution state, so illness (whether physical or mental in nature) cannot serve as grounds for divorce. Still, mental illness can play a significant role in several aspects of divorce — most notably, maintenance and child custody.  …

Continue Reading Divorcing Someone with Medical Challenges: Special Considerations

After a certain age, the primary concerns of divorce change. Child custody issues give way to retirement squabbles. Suddenly, your future as a retiree looks a lot less secure. The good news? You may still retain your ex’s Social Security benefits. Read on to learn more about the role divorce plays in Social Security — and how you can maximize benefits.
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Continue Reading Does Getting Divorced Affect Your Social Security Benefits?

Recent changes in and proposals regarding Minnesota (and federal) legislation promise to significantly alter the divorce process. Changes to spousal maintenance arrangements are of particularly significant concern to both currently divorcing and already divorced spouses. It is important to keep abreast of such developments, as they could impact your tax return or your maintenance obligations. Read on to learn more about recent updates in spousal maintenance law:…

Continue Reading Spousal Maintenance: Changes Coming in MN