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Protecting Your Financial Interests In Divorce

Traditionally referred to as alimony, spousal maintenance is sometimes paid by the higher earning spouse to the lower earning spouse following a divorce. There are many factors that could affect the duration or amount of spousal maintenance. The purpose of spousal support is to assist the lower earning spouse in maintaining a standard of living similar to what was experienced during the marriage, while also considering the needs of the obligor. In some cases, the award of spousal maintenance may be permanent.

At the Law Office of Barbara J. Gislason, clients are guided through every step of the divorce process by a highly experienced lawyer. Barbara is dedicated to providing honest advice aimed at a fair resolution. She has assisted thousands of people in Minnesota with the various aspects of divorce, including establishing or opposing an award of spousal maintenance.

How Is Spousal Maintenance Determined?

It is important to note that marital misconduct generally plays no role in spousal maintenance decisions in Minnesota, as it is known as a no-fault state. Some of the factors that will be taken into consideration when establishing the spousal maintenance amount include:

  • The lower earning spouse’s need for support
  • The higher earning spouse’s ability to pay
  • The disparity of incomes
  • The length of the marriage
  • The living expenses of each spouse
  • The age of each spouse
  • The education and employability of the spouse seeking maintenance
  • The award of other marital assets

To learn more about how spousal maintenance is established and find out how the law applies to your case, seek experienced legal counsel.

Does The Length Of Your Marriage Affect Spousal Maintenance In Minnesota?

Minnesota law does not set a minimum marriage length for spousal maintenance eligibility. Your marriage duration is one factor courts consider, but it is not the deciding one. Under state law, you must meet the threshold requirement that you lack sufficient property to provide for your reasonable needs or cannot support yourself through appropriate employment.

In shorter marriages, courts focus on whether you made financial sacrifices, such as leaving a career or forgoing education, in support of the marriage. Courts often award time-limited rehabilitative support in these cases, which gives you a defined period to reenter the workforce or complete your education.

When Can Spousal Maintenance Be Permanent In Minnesota?

Minnesota courts may award indefinite maintenance if you cannot meet reasonable needs through appropriate employment or face undue hardship. Long marriages, significant time out of work, advanced age, disability affecting your ability to work or child custody are circumstances courts weigh seriously.

No strict marriage length triggers a permanent award; instead, courts focus on whether you can realistically become self-supporting and by when. Even an indefinite order remains subject to modification if circumstances change significantly.

Can A Spousal Maintenance Order Be Changed After Your Divorce Is Final?

You can petition the court to modify a spousal maintenance order after your divorce is finalized. To establish grounds for modification, the legal standard requires a substantial change in circumstances that makes the existing order unreasonable and unfair. Job loss, retirement, serious illness or a significant income shift may all qualify.

Courts can only modify maintenance retroactively to the date you serve the motion on the other party, so you must act promptly when circumstances change. Some divorce decrees may also include nonmodifiable maintenance terms, which limit the court’s ability to revisit the award.

What Happens To Spousal Maintenance If You Remarry Or Live With A New Partner?

Your maintenance obligation generally automatically terminates when you, as the recipient, remarry. State law mandates automatic termination upon your remarriage, but your decree may contain specific provisions that override this default rule. In most cases, the death of either party also ends maintenance.

However, cohabitation is a different matter since living with a new partner does not automatically end or reduce maintenance payments. The paying spouse must then demonstrate to the court that the new living arrangement has meaningfully reduced their financial need.

Strong Advocacy For Alimony Issues In Minnesota

To learn more about this sometimes complex area of divorce, call the Law Office of Barbara J. Gislason at 763-220-2983 or email the firm to arrange a consultation with an experienced Anoka County spousal maintenance attorney.