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Minnesota Divorce FAQ's - Alimony
This is about alimony after divorce in Minnesota, including
when courts order alimony, how the amount of alimony is set in Minnesota,
and how and when Minnesota courts stop alimony once it's awarded.
This information
is from Maury D. Beaulier, the DivorceInfo
Network Lawyer for Minnesota. Click
here to visit his web site.
When does alimony get paid?
"Alimony"
is the term used in many states for financial support paid to a ex-spouse after
a divorce. In Minnesota the term "alimony" has been replaced with the term
"Spousal Maintenance." The terms are synonymous.
Currently, spousal maintenance
awards are granted pursuant to
Minnesota Statutes § 518.552 if the spouse seeking maintenance demonstrates
that he or she:
-
lacks sufficient property,
including marital property apportioned as part of the divorce to provide for
the reasonable needs of the spouse considering the standard of living
established during the marriage, especially, but not limited to, a period of
training or education; or
-
is unable to provide adequate
self-support, after considering the standard of living established during the
marriage and all relevant circumstance, through appropriate employment, or
-
is the custodian of a child
whose condition and circumstances make it appropriate that the custodian not
be required to seek employment outside the home.
How does the court decide how
much?
In determining the amount and
duration of spousal maintenance, Minnesota statutes require that Courts address
all relevant factors. The statute specifically identifies the following as
relevant issues in determining spousal maintenance:
-
The financial resources of the
spouse seeking maintenance;
-
The amount of time that is
necessary for the spouse seeking maintenance to acquire necessary skills or
education to find appropriate employment;
-
The age and physical and
emotional health of the recipient spouse;
-
The standard of living
established during the marriage;
-
The length of the marriage;
-
The contribution and economic
sacrifices of a homemaker including loss of seniority, retirement benefits and
other employment opportunities foregone while working at home
-
The financial resources
available to the spouse from whom maintenance is sought.
No single factor is dispositive
and the Courts must weigh all factors giving appropriate weight to each.
What does it take to
change alimony?
In order to change spousal Maintenance, there must be a
substantial change in circumstance. In other words income or expenses for
either party must increase or decrease.
When does alimony stop?
Often, when spousal maintenance stops depends on the
agreement of the parties. However, in most cases if left up to the Court
spousal maintenance ends when (1) either party dies; (2) when the person
receiving spousal maintenance remarries; (3) order of the Court.
Other issues in
Minnesota:
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