Minneapolis Spousal Maintenance Attorneys
We Can Assist You with Alimony and Spousal Support Details
Establishment of spousal maintenance (often referred to as alimony or spousal
support) can be an important part of the final outcome of any divorce.
Many times, a party is very concerned about how they will support themselves
during and after the
divorce, or conversely is very concerned about having to support the other spouse
during and after the divorce. If spousal maintenance could be an issue
in your divorce, working with a well-qualified attorney is the best way
to make sure that your interests are protected. At Mack & Santana
Law Offices, P.C., we can help.
In some cases, there may already be an award of spousal maintenance established
and a change happens after the divorce, causing a party to be concerned
that the award should be changed (higher or lower) or terminated. The
determination then becomes whether modification of the award is justified,
as there was a substantial change of circumstances making the original
spousal maintenance award unreasonable and unfair.
Our team of experienced attorneys conducts a thorough review of the facts
and circumstances that apply to the alimony/spousal maintenance question
and is dedicated to helping you present your claim for spousal maintenance/alimony
or handling your defense to a spousal maintenance/alimony claim. At times,
key information (i.e., financial, medical, employability/earning capacity)
is missing and our attorneys will pursue that information. Or, if a party
has not worked up to his or her capability, our attorneys will work with
you to address that situation. We use our years of experience and in-depth
knowledge of the law to do this.
Minnesota Law on Spousal Maintenance (Alimony)
Sometimes the best way to achieve a fair spousal maintenance/alimony result
is to come to an agreement between spouses. Our attorneys are experienced
negotiators who will work with you to achieve top-quality results this way.
In a negotiation setting or in litigation, it is critical to have an attorney
who can work with you to properly gather evidence and analyze the following factors:
Basic analysis. Need of the party requesting maintenance versus the payor’s ability
to pay while still meeting their own needs. The party requesting maintenance
must establish there is a need before the court can justify a maintenance award.
Standard of living. The standard of living during the marriage as it impacts the parties’
Does the party asking for support have the ability to meet their needs
independently through employment if not presently employed or underemployed? The court is required to consider a party’s ability to meet their
own needs independently.
Education/retraining to become self-sufficient. Either party may present evidence that the party requesting maintenance
can enhance their income earning ability in order to become fully or partially
self-supporting by returning to school for education and training.
Review income from all sources. The court considers sources of income beyond employment income and earnings,
including the income-producing assets to be distributed to the party requesting
maintenance such as stocks, bonds, and interest income from any nonmarital
or marital property.
Duration of marriage and the lost employment opportunities of the “homemaker.” The duration of the marriage is a key component of the maintenance analysis.
Physical/emotional/health condition and age. The court reviews any physical or emotional conditions raised by the party
Payor’s income, needs, and ability to meet their needs. The court must consider the payor’s financial circumstances and
their needs before ordering them to pay spousal maintenance/alimony.
We strategically and passionately advocate for our clients in Minnesota
courtrooms, focusing on presenting the evidence needed to demonstrate
our clients’ perspectives to the court. We are efficient, committed,
and creative attorneys who place great emphasis on meeting our clients’
needs today and far into the future.
Contact Our Minnesota Spousal Maintenance Lawyers
Contact Mack & Santana Law Offices, P.C., by calling us at
(612) 662-0307 to speak with our Minneapolis spousal maintenance attorneys.