Spousal Maintenance

Minneapolis Divorce Lawyer

Spousal Maintenance may be awarded if the spouse seeking maintenance: 1) lacks sufficient property, including marital property apportioned to the spouse, to provide for the 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 2) 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 3) is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside of the home.

In determining whether spousal maintenance is appropriate, the following factors are relevant:

  • The financial resources of the party seeking maintenance.
  • How much time the party seeking support will need to acquire an education or job training to increase their income potential.
  • The length of the marriage.
  • In the case of a homeaker, 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 benefits, earnings, and employment opportunities forgone by the party seeking support.
  • The age, and physical and emotional state of the spouse seeking maintenance.
  • The ability of the spouse from whom maintenance is sought to meet their own needs while meeting the needs of the spouse seeking maintenance.
  • 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.

An award of spousal maintenance may be temporary or permanent in nature.  In certain circumstances, after an award of spousal maintenance, one spouse may seek to modify the maintenance obligation.

Contact A Minnesota Divorce Attorney

If you are faced with divorce or a financial change in circumstances following an award of maintenance, consult with a competent family practice attorney so that you understand your rights.  

Don’t navigate the complicated legal system on your own.  Call Shellie Lundgren at Lundgren Law Office at 612-333-3908 for your free case evaluation.