Are spousal maintenance and alimony the same thing in Minnesota?

Basically, yes.  Spousal maintenance, formerly called alimony, is the financial support that one spouse is ordered to pay to another spouse in a dissolution of marriage proceeding.

Is there a set amount that I must pay or can receive in spousal maintenance?

Unlike child support, there are no statutory guidelines the Court is required to follow in setting spousal maintenance. The amount and duration of a spousal maintenance award is dependent upon the length of the marriage, the disparity in earnings and earning capacity, and the respective monthly living expenses or needs of the parties.

Can I get or will I have to pay permanent maintenance?  When will it end?

Permanent spousal maintenance may be awarded in long term marriages where there is a great disparity in incomes between the parties, while temporary or rehabilitative spousal maintenance may be awarded in shorter marriages where the spouse receiving the maintenance has an ability to increase his or her earnings within a projected period of time.

Absent specific agreement of the parties or order of the Court, permanent spousal maintenance will only terminate upon the death or remarriage of the spouse receiving the financial support. Parties can agree on the amount and duration of spousal maintenance or can even waive their right to receive financial support if none is needed or if they are compensated through some other means.

Absent such a waiver, spousal maintenance awards can be reviewed by the Court at a later date to determine if the award should be modified, extended, or terminated. To modify a spousal maintenance award, the party requesting a modification must demonstrate that either party has suffered a substantial change in financial circumstances which makes the existing award unreasonable or unfair.

If the parties waive their rights to receive financial support from each other, specific language may also be included to dispossess the court of any authority to award spousal maintenance in the future. Such language can also be incorporated into an agreement to prevent a court from examining existing spousal maintenance awards in the future. These types of waivers are specific to the issue of spousal maintenance and cannot be used by the parties to waive obligations with respect to the financial support of children or relative to the authority that the Court exercises over those children.

A court will consider a list of different factors in determining whether an award of spousal maintenance is reasonable. Due to the lack of any defined rules with respect to such awards, it is important for both individuals requesting spousal maintenance, as well as those who are asked to pay spousal support, to consult with an experienced family law attorney to protect their interests.

Vincent Martin and Joyce Cundy

Minnesota Lawyers

www.cundyandmartin.com

If you are filing for a divorce in the state on Minnesota, there are a few things you should know. If you know the basics of the process before you start, you’ll be prepared and will probably find the process smoother. Here are some of the basic facts that you should know.


The initial document that needs to be filed with the Minnesota court when requesting for a divorce is called the Petition for Dissolution of Marriage. The filing spouse will have to use this document to request the court to terminate the marriage under certain specific grounds. If both parties submit the petition jointly as Co-Petitioners it eliminates the necessity for the use of summons or for service of process.


Dissolution of marriage is governed by state law and it is essential that anyone filing for a dissolution of marriage in the state of Minnesota should meet specific residency requirements.


Minnesota Property Division Factors


Minnesota is an ‘equitable distribution’ state. While most debt and property issues are typically settled between parties by a signed Marital Termination Agreement, in the event that the parties are unable to reach an agreeable settlement, the District Court will first determine which debt and property is to be considered as marital. After assigning a monetary value to this marital property and debt, the court will distribute the marital assets between the spouses in an equitable fashion. Equitable in this case does not necessarily mean the assets will be equally distributed between the parties but rather it will be allocated according to what is deemed fair by the District Court.


The court bases its decision on several factors including the length of the marriage, age, health, occupation, employability, needs, liabilities, amount and sources of income of each party, opportunity for future acquisition of capital assets and any prior marriage of a party. The court also takes into the consideration the contribution of a spouse as a homemaker or the contribution of each in any acquisition. It is presumed that both spouses contributed substantially to the acquisition of property and income while they were married.


Minnesota Child Custody Factors


When deciding child custody issues pertaining to a divorce, the children’s best interest is the primary concern of the court. The court prefers if the parents can decide on the custody issues amicably, failing which the court bases its custody decision taking into consideration several factors including the reasonable preference of the child if the child is deemed to be old enough to express a preference. Other factors include the intimacy and interaction between each parent and the child; the child’s adjustment to school, home and community and the physical and mental health of all the individuals involved.


Minnesota Child Support Factors


Factors for determining child support include the financial resources, income, earnings and assets of the parents; the standard of living the child would have enjoyed if the marriage was still intact and the educational needs of the child as well as the child’s emotional and physical condition.