An amendment, introduced in the Minnesota Legislature on March 15, 2016, proposed an change to Minn. Stat. sec. 518A.39, Subd. 3, which will terminate alimony payments if the recipient remarries or dies. HF1333 or the “cohabitation bill” also covers situations in which a recipient cohabitates with another person.
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Spousal maintenance (often referred to as “alimony”) involves one party to a divorce paying the other to assist them with routine household expenses following the dissolution of the marriage. The law in this area is extremely complex. For purposes of this post, it is presumed that an award of spousal maintenance is appropriate among the
A divorce doesn’t just involve the two spouses and their lawyers. In any divorce proceeding, there are a variety of legal factors involved. The more issues present, the more experts will generally need to be involved. Some of the typical roles in a divorce include a home appraiser, custody evaluator, vocational assessor, business appraiser, and an actuary. The number of experts present will obviously increase the overall cost of the divorce, but they will also ensure that the proceedings are as fair as possible. A home appraiser is the most common …
It is important to know how the IRS treats spousal maintenance and child support to ensure that both are considered correctly on your income tax return. Generally speaking, spousal maintenance is tax deductible to the payor, but the payee (recipient) must pay taxes on it. Child support is not tax deductible to the payor, and the payee does not have to pay income tax on it. While it is easy to determine what is characterized as “child support,” it can be a bit more complicated to determine what qualifying “alimony” is. Alimony, in order to be tax …
Continue Reading How Does the IRS Treat Spousal Maintenance and Child Support?
Spousal maintenance is a factor-based award in Minnesota. In this quick guide, find key information concerning spousal maintenance awards in Minnesota: Need: The party seeking spousal maintenance must establish a need. This is determined by comparing the party’s projected monthly budget against the party’s ongoing income. Ability to Pay: If a party establishes a need for spousal maintenance, the other party’s ability to pay will be examined. This is determined by comparing the party’s projected monthly budget against the party’s ongoing …
Continue Reading Spousal Maintenance in Minnesota : A Quick Guide
As more and more counties adopt the early neutral evaluation model, fewer divorce litigants face the prospect of a motion for temporary relief. A decade ago, nearly every party to a divorce would seek some sort of temporary order from the judge, given the fact that few alternatives were available for immediate structured debate and discussion concerning issues like custody, parenting time, child support, property division and spousal maintenance.
Continue Reading The Process of Filing a Motion for Temporary Relief in Minnesota Divorce Court
Once an award of spousal maintenance (alimony) is ordered by the court, it may be modified if certain criteria are met. In order to modify and award of alimony, the party seeking modification obtains a court date and serves and files motion papers. Keep in mind that the modification, if granted, is usually only retroactive
In December of 2009, Minnesota Judge Stephen Halsey (chambered in Wright County) launched his Minnesota Family Law Issues Blog, a terrific resource for both lawyers and litigants. As I understand, Judge Halsey’s blog is the first of it’s kind in Minnesota (from the judiciary). His unique perspective provides an interesting addition to the exchange
Spousal maintenance, formerly known as alimony, is one of the more difficult issues to tackle during the dissolution process. With the exception of child custody, no other issue is as personal or emotionally charged to divorce litigants.
It is quite difficult to predict exactly how much spousal maintenance the court will award a particular party.