Spousal Maintenance (Alimony)

Spousal Maintenance is financial support paid by one spouse to the other for future support after the marriage is over.  Spousal maintenance can be permanent or for a limited number of years or months.  There is no calculator to determine how much maintenance should be as there is with child support.  Rather, there is a specific list of factors that must be addressed in any determination of maintenance, including the following:

1)      the financial need of the spouse seeking maintenance;

2)      the time necessary to acquire sufficient education or training to enable the spouse seeking maintenance to find appropriate employment, given the spouse’s age and skills;

3)      the standard of living established during the marriage;

4)      the duration of the marriage;

5)      the loss of earnings, seniority, retirement benefits, and other employment opportunities foregone by the spouse seeking maintenance;

6)      the age and physical and emotional condition of the spouse seeking maintenance; and

7)      the ability of the spouse from whom maintenance is sought to meet his or her needs while meeting the needs of the spouse seeking maintenance.

Generally, the amount and duration of spousal maintenance is dependent on the length of the marriage, the disparity in income of both parties and the living expenses the spouse from whom maintenance is sought will need to meet his or her own needs while meeting those of the spouse seeking maintenance.

For any maintenance determination, there should be a thorough analysis of the income, assets and debts of the parties, including how any award of maintenance will affect the future taxable income of each party as spousal maintenance payments are taxable income to the person receiving maintenance and a deduction to the person paying maintenance.  It is also important to remember that because Minnesota is a no-fault state, a court is precluded from considering any marital misconduct in making a maintenance determination.

Contact the Law Office of Cynthia J Miller

If you or someone you know is in need of a qualified Minnesota Divorce Lawyer, contact the Law Office of Cynthia J Miller today at (651) 336-4006. We offer two locations in Princeton and Minneapolis and provide free consultations.