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Spousal Maintenance Compassion, Strength & Planning in Times of Personal Crisis

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.

Understanding the Factors that Affect Alimony Payments

When it comes to determining alimony payments, there are several factors that the court takes into consideration. Understanding these factors can help you navigate the process and ensure a fair outcome. Our experienced Minneapolis spousal maintenance attorneys can guide you through the complexities of alimony calculations and help you understand how these factors may impact your case.

Some of the key factors that can affect alimony payments include:

  • The length of the marriage
  • The income and earning capacity of each spouse
  • The standard of living during the marriage
  • The age and health of each spouse
  • The contributions made by each spouse to the marriage
  • The needs of each spouse

By considering these factors, the court aims to ensure that both parties are able to maintain a similar standard of living after the divorce. Our Minnesota spousal maintenance lawyers have extensive knowledge of the state's laws on alimony and can provide you with the guidance you need to protect your rights and interests.

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’ “reasonable needs.”
  • 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 requesting maintenance.
  • 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 Mack & Santana Law Offices, P.C., by calling us at (612) 712-3890 to speak with our Minneapolis spousal maintenance attorneys.

Commonly Asked Questions

What is spousal maintenance?

Spousal maintenance, also known as alimony or spousal support, is financial support paid by one spouse to the other after a divorce.

How is spousal maintenance determined?

The court considers several factors when determining spousal maintenance, including the requesting party's need, the payor's ability to pay, the standard of living during the marriage, and the duration of the marriage.

Can spousal maintenance be modified?

Yes, spousal maintenance can be modified if there is a substantial change in circumstances that makes the original maintenance award unreasonable and unfair.

What factors does the court consider when modifying spousal maintenance?

When modifying spousal maintenance, the court considers factors such as changes in income, employment status, health conditions, and the receiving party's ability to become self-sufficient.

Can spousal maintenance be terminated?

Yes, spousal maintenance can be terminated if the receiving party remarries or if there is a significant change in circumstances that justifies termination.

Do I need an attorney for spousal maintenance?

It is highly recommended to work with a qualified attorney when dealing with spousal maintenance matters. An attorney can help protect your interests, gather necessary evidence, and navigate the legal process.

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