Spousal Maintenance

Mankato Family Law Attorney

Happy family having roast chicken dinner at tableWhen a marriage ends, there are times when the other will continue to financially support the other through “alimony.” In the past, the husband was always the one to make the payments, but the rise in dual-income households has caused this to change. Now, support is typically paid by the spouse who earns more.

If you need to sort through difficult divorce issues, including spousal maintenance, it is important to work with a Southern Minnesota spousal maintenance attorney to guide you through these details.

Forms Of Spousal Maintenance

Spousal maintenance takes two forms: Permanent or temporary. Permanent spousal maintenance is permanent in that the person receiving payments is disabled or cannot increase their earning potential. The support doesn’t end until that individual remarries or they pass away. Temporary spousal maintenance is set to last for a specific period of time. This period of time is usually enough for that person to generate a healthy income by finding a better job, working toward a promotion at their existing job, or going to school to earn a degree that will increase their earning potential. If they remarry or pass away during this period, then the support stops.

Spousal Maintenance Factors

When determining the amount of spousal maintenance that is appropriate, the court looks at a number of factors that include:

  • The financial resources of the party looking to have alimony paid to them, including the marital property that is divided between each party. The court also looks at the party’s ability to independently meet their needs and if any children are living with that party.
  • The time needed to receive an education or training that will allow that person to earn the income needed to support their own needs.
  • The standard of living during the marriage
  • The duration of the marriage. If the receiver was a homemaker, the amount of time they were absent from employment and how that has affected their skills, education and experience, as well as their ability to earn a healthy living.
  • The loss of earnings, retirement benefits, seniority, and other employment-related opportunities that have been lost by the one seeking alimony.
  • The age and physical and emotional condition of the party seeking alimony.
  • The ability for the paying party to meet their own needs while meeting the needs of the other spouse.
  • The contribution of each party to marital property, as well as the contribution of the homemaker spouse in the advancement of the other spouse in their job or business.

Your Mankato spousal maintenance lawyer will review everything with you regarding your need for spousal support or if you are the party in which spousal support is being sought. That way the amount being paid or received is a fair amount.

Contact A Southern Minnesota Divorce Lawyer

If you are going through a divorce or will be and you need an attorney who can help you with spousal maintenance establishment or issues, Birkholz Law, LLC can help you. Spousal maintenance can be good for a spouse who has little or no earning potential at the moment or a spouse who is disabled. Whatever the reason spousal maintenance needs to be established, we can help. Call our Mankato office at 507-387-2100, the St. James office at 507-375-3374, or the Westbrook office at 507-274-6501 to schedule a free consultation.