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 income.
- Duration. Maintenance may be awarded on a temporary or permanent basis.
- Temporary Maintenance: Maintenance may be awarded for a specific period of years. This type of maintenance is rehabilitative in nature, with the goal of getting the lower income-earning party to a position in which they are capable of self support.
- Permanent Maintenance: Perhaps a better description would be indefinite maintenance. This type of award is granted without a specified end date, but remains subject to review in the future.
- Factors: Courts are to consider the following factors in determining the amount, and duration, of spousal maintenance:
- Financial resources of the party seeking alimony;
- Time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment;
- Standard of living established during the marriage;
- Duration of the marriage and, in the case of a homemaker, the length of absence from employment;
- The loss of earnings, seniority, retirement benefits, and other employment opportunities forgone by the spouse seeking alimony;
- The age, and the physical and emotional condition of the spouse seeking alimony;
- The ability of the spouse from whom alimony is sought to meet needs while meeting those of the spouse seeking alimony; and
- The contribution of a spouse as a homemaker or in furtherance of the other party’s employment.
If you have a question concerning spousal maintenance, our lawyers are here to help. Call (763) 783-5146 to arrange a consultation.