SPOUSAL MAINTENANCE

Spousal maintenance (also referred to as alimony) is one of the most challenging and difficult issues associated with divorce.  The outcome is often unpredictable and frequently litigated in courts throughout Minnesota (particularly in Hennepin County).  The proposed payment and receipt of spousal maintenance is often times associated with strong emotional issues and can cause parties that are otherwise in full agreement to become adversarial and contentious.

Judicial discretion is a major component of spousal maintenance.  The decision by a Judge to award spousal maintenance to either spouse is permissive, which means that a court may grant a spousal maintenance order.  The first step is to convince a Judge that there are grounds to award spousal maintenance, which can be a daunting task considering the current state of the US economy.

There are two grounds for for an award of spousal maintenance:

1. Spousal maintenance can be awarded if there are insufficient assets to support a party at the marital standard of living.
2. Spousal maintenance can be awarded if a spouse is not self-supporting.

A third factor that can also apply is whether the spouse seeking maintenance is the custodian of a minor child whose circumstances make it appropriate that the spouse not work outside of the home.

Issues such as which property is considered an asset, what types of income can be considered, the marital standard of living and appropriate employment are analyzed by the Judge to determine whether spousal maintenance is awarded.  Often times the court is forced to make a very difficult decision.

Spousal maintenance needs to be evaluated on a case by case basis.  Please call to speak with a lawyer regarding your specific legal situation.  
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Attorney & Mediator Randall A. Smith is the founder of Lake Harriet Law Office & Mediation Services, LLC.  Mr. Smith earned his B.A. Degree from Hamline University, his J.D. Degree from Drake University Law School and his M.B.A. Degree from the University of St. Thomas. 

Mr. Smith has practiced law since 1996 and is licensed in all Minnesota Courts and in United States Tax Court.  He is a Minnesota Rule 114 Neutral Mediator for Family & Civil cases and he performs Social and Financial Early Neutral Evaluations (ENE) in divorce cases.