At What Point in A Divorce Case Can a Claim Be Made for Alimony in Minnesota?
In Minnesota, either spouse or their spousal maintenance attorney may ask the court to order the other spouse to pay alimony, or spousal maintenance, during or after a divorce. If the court finds that the spouse who is seeking alimony lacks sufficient property or employment to meet their needs and continue the standard of living he or she maintained during the marriage, it is likely that alimony will be granted on at least a temporary basis.
The main issue to be determined when a court is deciding whether or not to order spousal maintenance to be paid is whether or not one party is disadvantaged in comparison to the other party. One party’s need for spousal support versus the other party’s ability to afford spousal support must be weighed carefully.
What if My Spouse and I Negotiate Through Our Spousal Maintenance Attorneys and Agree on An Alimony Arrangement Outside of Court in Minneapolis, MN?
Many divorcing couples will need to address the issue of spousal maintenance and whether or not it should be ordered. The couple may not agree regarding the necessity of spousal support or its amount or its duration. If the couple can come to an agreement with or without the aid of a spousal maintenance attorney in Minneapolis, MN, they will still need to obtain a spousal maintenance order from the court. This order will usually be included in the final divorce decree. As long as both parties seem to understand the maintenance settlement and it looks fair, the judge will sign off on the order and include it in the divorce decree. Alimony is never enforceable without a court order.
What Happens if My Spouse and I Cannot Come to An Agreement on Alimony?
If a couple who is divorcing cannot agree on spousal maintenance, then the couple may need to try alternative dispute resolution methods such as mediation. If these methods don’t resolve the issue, then the couple may have to turn to a judge. Judges can only determine spousal maintenance on a case-by-case basis; there are no standardized calculations. Since this is the case, spousal support can be one of the most uncertain and unpredictable divorce issues.
If there is a spousal maintenance hearing, the judge will use that time to determine whether or not alimony should be ordered. If it is ordered, the judge will go on to decide how much will be paid and for how long it will be paid. In divorce cases, spousal maintenance is often a much-contested issue. It is important to note that in Minnesota, the issue of alimony will be decided without any regard to the marital conduct of either of the parties. It is always recommended that you are represented by a qualified spousal maintenance attorney in Minneapolis, MN.
How Long Will I Have to Pay Alimony?
In Minnesota, a judge is permitted to order either temporary or permanent spousal maintenance:
- Temporary Spousal Maintenance: can be granted during or after a divorce. The court may order one of the parties to pay alimony to the other party in order for them to acquire training or education for future employment. This is called rehabilitative maintenance. Temporary spousal maintenance can be extended, as long as the receiving spouse or their Minneapolis spousal support attorney can show that there is a valid need.
- Permanent Spousal Maintenance: may be granted in a case where a marriage lasted for many years and the couple has a significant disparity between their incomes. If the spouse requesting maintenance is older, it will difficult for them to reenter the workforce and this can create a case for permanent spousal support. Unless another agreement is made and included in the divorce decree, spousal maintenance payments will end upon the death of either party or if the receiving party becomes remarried.
What Does a Typical Alimony Case Look Like in Minneapolis, MN?
The most typical alimony scenario involves a long marriage where one party stayed home and sacrificed their potential career in order to raise the children. Meanwhile, the other party worked outside of the home. The party who stayed home gave up many career and educational opportunities in order to raise the children, maintain the household, and support the other party’s career advancement.
It would be incredibly unfair to allow the party who sacrificed for his or her marriage to then struggle to survive due to the resulting limited education and work experience, and this is why spousal maintenance would be ordered. If you are in the process of divorcing and you believe that you are entitled to spousal support, don’t take the risk of negotiating with your spouse directly. Invest in a compassionate spousal maintenance attorney in Minneapolis, MN to help ensure the support you need.
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