Spousal Maintenance Attorney Serving Clients Throughout Minnesota

Spousal maintenance, commonly referred to as “alimony” in other states, is a crucial aspect of family law in Minnesota. It plays a pivotal role in ensuring that a divorcing spouse, typically the one with lower financial resources, can maintain a reasonable standard of living after the marriage ends. As a Family Law Firm in Minnesota, we have a comprehensive understanding of the state's spousal maintenance laws to effectively represent our clients. We have extensive experience in the key aspects of spousal maintenance in Minnesota and will provide you with insights on how to navigate this complex area of family law.

Before diving into the specifics of spousal maintenance calculations, it is crucial to establish whether a spouse is eligible to receive it. According to Minnesota law, a spouse may be entitled to spousal maintenance if they meet certain criteria, including:

1. Lack of Sufficient Property: The spouse seeking maintenance must demonstrate that they lack sufficient property to provide for their reasonable needs and cannot be self-supporting through employment.

2. Standard of Living: The court will consider the standard of living established during the marriage when determining eligibility and the appropriate level of maintenance.

3. Length of Marriage: The duration of the marriage is a significant factor. Generally, longer marriages are more likely to result in spousal maintenance awards.

4. Financial Resources: The court will assess each spouse's financial resources, including income, assets, and liabilities, to determine their ability to meet their needs independently.

5. Economic Disparity: The court will evaluate the economic disparity between the spouses and whether one spouse substantially contributed to the other's earning potential.

Calculating Spousal Maintenance

Minnesota utilizes a statutory formula to calculate spousal maintenance. While the formula provides a guideline for determining the amount and duration of maintenance, it is not mandatory, and the court may deviate from it when appropriate. The formula generally involves the following steps:

1. Calculate Gross Income: Determine each spouse's gross income, including wages, bonuses, dividends, and other sources of income.

2. Subtract Maintenance Recipient's Income: Subtract the recipient spouse's income from the payer spouse's income.

3. Apply Percentage: Calculate a percentage of the income difference based on the length of the marriage. Minnesota law provides specific percentages for different marriage lengths.

4. Duration Calculation: Multiply the percentage by the number of years of marriage to establish the duration of maintenance payments.

It is important to note that the formula primarily applies to marriages with a duration of 10 years or less. For longer marriages, the court has more discretion in determining the amount and duration of maintenance.

Modifying Spousal Maintenance

Family law attorneys in Minnesota must also be well-versed in the circumstances under which spousal maintenance can be modified. Maintenance can be modified if either party experiences a significant change in circumstances, such as a substantial increase or decrease in income, a change in employment status, or the occurrence of unforeseen medical expenses. Modifying spousal maintenance can be a complex legal process, at Irwin Law we will navigate it effectively on behalf of you, our client.

Contact Us Today for An Initial Consultation

Spousal maintenance in Minnesota is a critical component of family law that aims to ensure fairness and financial stability for both spouses following divorce. At Irwin Law, PLC, we find it is vital to have a deep understanding of the eligibility criteria, calculations, and modification processes associated with spousal maintenance. Providing informed guidance and representation to our clients in matters of spousal maintenance can significantly impact their post-divorce financial well-being and overall satisfaction with the legal process. Contact us today for a consultation about your specific situation at 507-664-1155 or fill out our online form. We serve clients throughout the southern metro and the state of Minnesota.