Minnesota Alimony / Spousal Support
Minnesota alimony, also referred to as spousal support is the amount of money one spouse pays to the other, by court order or through agreement of the parties, for support and maintenance.
Minnesota spousal support is intended to preserve the economic status of both parties, as it existed during the marriage.
According to Minnesota Statutes Chapter Section 518 518.552 MAINTENANCE. Subdivision 1.Grounds: In Minnesota the court may grant a maintenance order for either spouse if it finds that the spouse seeking maintenance either lacks sufficient property, including marital property apportioned to the spouse, to provide for reasonable needs of the spouse considering the standard of living established during the marriage, especially, but not limited to, a period of training or education, or is unable to provide adequate self-support, after considering the standard of living established during the marriage and all relevant circumstances, through appropriate employment, or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.
Types of Alimony Awarded in Minnesota
Minnesota Statutes Chapter Section 518 518.552 MAINTENANCE.Subdivision 2. Amount; duration. states that in Minnesota spousal support the maintenance order shall be in amounts and for periods of time, either temporary or permanent, as the court deems just, without regard to marital misconduct. Where there is some uncertainty as to the necessity of a permanent award, the court shall order a permanent award leaving its order open for later modification.
Spousal support or maintenance in Minnesota can be awarded based on these factors:- The financial resources of the party seeking maintenance, including marital property apportioned to the party, and the party's ability to meet needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian
- The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, and the probability, given the party's age and skills, of completing education or training and becoming fully or partially self-supporting
- The standard of living established during the marriage
- The duration of the marriage and, in the case of a homemaker, the length of absence from employment and the extent to which any education, skills, or experience have become outmoded and earning capacity has become permanently diminished
- The loss of earnings, seniority, retirement benefits, and other employment opportunities forgone by the spouse seeking spousal maintenance
- The age, and the physical and emotional condition of the spouse seeking maintenance
- The ability of the spouse from whom maintenance is sought to meet needs while meeting those of the spouse seeking maintenance and
- The contribution of each party in the acquisition, preservation, depreciation, or appreciation in the amount or value of the marital property, as well as the contribution of a spouse as a homemaker or in furtherance of the other party's employment or business
Minnesota statutes regarding alimony can be found here: Minnesota Statutes Section 518.552
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