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Family Law: Alimony & Spousal Maintenance
Spousal Maintenance Lawyers In Minnesota
Spousal maintenance is an award made in a divorce or legal separation of payments from the future income or earnings of one spouse for the support and maintenance of the other. An award of spousal maintenance is designed to allow the obligee and the obligor to have a standard of living that approximates the marital standard of living, as closely as is equitable under the circumstances.
The requesting party usually needs to prove to the court the party lacks sufficient marital property awarded to them; the party is unable to provide adequate self-support; or is the party is primary custodian of a child whose condition or circumstance make it appropriate for the custodian to not seek employment outside of the home.
Factors that Affect Spousal Maintenance:
Factors considered by the court are the financial resources of the party requesting spousal maintenance; the time necessary to acquire sufficient education and training to find appropriate employment; standard of living during the marriage and debt that funded standard of living; duration of marriage and the earnings, seniority, benefits, and other employment opportunities forgone by a spouse; age, physical, mental, or chemical health of the spouses; contribution of a spouse in furtherance of the other party’s employment or business; the ability of the spouse whom spousal maintenance is sought to meet needs while meeting those of the spouse seeking spousal maintenance; and the need and ability of each spouse to prepare for retirement and the anticipated time of retirement.
When Can Spousal Maintenance be Awarded?
Spousal maintenance can be awarded as transitional (formerly temporary) or indefinite (formerly permanent). Transitional award is for a finite period of time to assist the other spouse. Transitional award may be extended beyond the termination date. An award of spousal maintenance may be reduced, suspended, or terminated, unless the parties mutually agreed and consideration was given. Most awards of spousal maintenance are terminated upon death of either party or the remarriage of the party receiving spousal maintenance.
When Can Spousal Maintenance be Denied?
Spousal maintenance can be denied or waived by the court or parties. If this were to occur, it is a present denial, and it is permanent loss of jurisdiction to ever award maintenance in the future. It is the upmost importance if you are requesting spousal maintenance, you must avoid an order denying your request to begin with.
Minnesota Spousal Maintenance Lawyer
The court is given great deference with an award of spousal maintenance. Whether you are requesting or defending a claim for spousal maintenance, you should have quality representation who knows what the court will consider and utilizing experts to show a basis for a party’s request.
Local Alimony Experts
At Heller & Thyen, P.A., our attorneys and staff have exceptional knowledge and experience to work with you to be sure this issue is fully explained and understood. Since not all divorce cases qualify for spousal maintenance, it is imperative that you understand this complex situation. Our trustworthy divorce alimony lawyers will take the time needed to be sure a full understanding is achieved. If your alimony case does qualify, our divorce law team will make sure your rights are fully pursued to ensure your financial needs are met.
Are you currently in a situation where you’re needing assistance with a divorce process? Contact the professional spousal maintenance divorce lawyers at Heller & Thyen, P.A. today!
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If you are behind on your mortgage payment or car loan, a Chapter 7 will not bring you current. However, there may be other options available to you., like Chapter 13.
It is also important to keep in mind that a Chapter 7 Bankruptcy may not protect all of your assets. If you own multiple homes with a lot of equity in them or other valuable assets such as boats or vehicles without loans against them, the bankruptcy trustee will either sell the item and use the proceeds to pay some of your creditors, or negotiate with you to receive the cash equivalent of the asset. We can help you negotiate with the trustee if this situation arises.
If you find yourself in this type of situation, where you have unprotected assets that you want to keep, it may be better to do some pre-bankruptcy planning or look into a Chapter 13 payment plan.
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