Spousal Maintenance: Analysis of Facts, Finances, and Circumstances
The second type of spousal maintenance is indefinite spousal maintenance (previously termed “permanent” maintenance). Indefinite spousal maintenance, however does not necessarily last forever. Instead, indefinite implies spousal maintenance can last until otherwise extinguished by court order or agreement of the parties reduced into writing for the court’s final determination. Indefinite spousal maintenance is generally awarded when the duration of a marriage is at least ten years.
Spousal Maintenance is not automatically awarded
An award of either transitional or indefinite spousal maintenance may be granted if the court finds that the spouse seeking maintenance:
Lacks sufficient property to provide for their reasonable needs, considering the standard of living during the marriage post divorce
Is unable to fully support themselves despite employment efforts
The paying spouse is generally capable of supporting themselves
Spousal maintenance involves detailed comparison of both spouses’ income, marital standard of living and budget during the marriage, post-divorce monthly budgets, and estimated division of the marital property post-divorce.
Modification of spousal maintenance may be made upon finding a significant change in circumstance such as decrease or increase of income from either spouse, retirement resulting in reduced or increased income, or the receiving spouse begins co-habiting or married to another.
Ending Spousal Maintenance
Sometimes the final divorce order specifically outlines an end date of a spouse’s transitional (temporary) spousal maintenance. However, consulting an attorney months prior to the expiration of spousal maintenance may be prudent to determine whether there are grounds for modification of spousal maintenance before it expires. If the termination of spousal maintenance is not clearly outlined in the final divorce, the paying spouse may need to file a motion with the court to requesting termination of spousal maintenance if:
The recipient remarries
The recipient co-habits with another partner who shares living expenses
In some cases when either party dies
Spousal Maintenance in Minnesota:
The process of divorce can stir feelings of financial insecurity for both parties, especially when it comes the topic of spousal maintenance (alimony). While the concept of spousal maintenance can be reduced to the idea that one spouse makes a monthly payment to the other spouse, the daunting question for both is precisely how much in spousal maintenance may be awarded under Minnesota Law. Unlike child support, the State of Minnesota does not provide a specific calculation to determine spousal maintenance. Instead, it is up to both spouses to prove their claims for or against spousal maintenance. It also requires both spouses to prove the amount requested or the absence of spousal maintenance is appropriate.
What Is Spousal Maintenance?
Spousal maintenance is a general term describing two different types of maintenance. The first type of spousal maintenance is transitional spousal maintenance (previously termed “temporary” maintenance). Transitional spousal maintenance can be awarded for marriages lasting at least five years or more. The duration of transitional spousal maintenance may be for a period of up to half the duration of the marriage.