Helping Clients Navigate Alimony Concerns In The South Metro Area
Spousal maintenance (also known as alimony or spousal support) is available in Minnesota if one of the parties doesn’t have enough income or property to support him or herself. This can leave divorcing couples with many questions. Could spousal maintenance offer them important support after divorce? If their spouse requests alimony, how much will they have to pay? How can they protect their finances?
If you are approaching the divorce process and have questions or concerns about your alimony determination, the dedicated legal professional at Meinerts Law Office, P.A., can help. The firm’s knowledgeable spousal maintenance attorney in Burnsville is ready to help you navigate this process, starting with a no-cost consultation.
How Is Spousal Maintenance Calculated In Minnesota?
Alimony payments are not always required, as many people may think. If you and your spouse are able to come to an agreement on who will pay alimony payments and how much you will pay, this can be proposed to a judge as part of your divorce case.
Unlike child support, there is no formula for determining spousal maintenance. Instead, it is based on factors the court considers about the marriage itself and the ability of each individual spouse to support themselves. A few of the factors considered when making a decision about alimony include:
- The length of the marriage
- What each party contributed
- Each party’s earning capabilities
- Each party’s education level
- How long the recipient has been absent from the workforce
- Opportunities the recipient may have given up during the marriage
- How long it would take the recipient to be self-supportive
- The ability of the higher-earning spouse to pay spousal maintenance
If you and your spouse cannot agree on the details of your spousal maintenance arrangement, the decision is typically left up to the judge.
The Two Types Of Spousal Maintenance In Minnesota
Minnesota courts may award different types of spousal maintenance depending on the recipient’s specific needs. These two different types of support include:
- Temporary or rehabilitative spousal maintenance is paid for a period of time until the recipient completes school or gets back into the workforce.
- Permanent spousal maintenance is paid for the duration of the recipient’s life and is generally awarded to older dependent spouses who do not have the ability to become self-sufficient.
When ordered, spousal maintenance is not treated as taxable income for the recipient. For more information on navigating your spousal maintenance determination in your divorce, contact our office today.
Frequently Asked Questions About Spousal Maintenance In The South Metro Area
Here are some of the most common questions our Burnsville spousal maintenance attorney receives from clients throughout the South Metro area regarding alimony and spousal support matters.
What should I do if my ex-spouse stops paying alimony?
When your former spouse fails to make court-ordered spousal maintenance payments, you have legal options to enforce the order and collect what you are owed. Document all missed or late payments carefully, keeping records of dates and amounts. You can file a motion for contempt with the court, asking the judge to hold your ex-spouse accountable.
The court has several enforcement tools available, including wage garnishment, intercepting tax refunds, suspending licenses, imposing fines or even jail time for willful refusal to pay. Our firm can help you navigate the enforcement process and pursue the most effective legal remedies for your situation.
I’m being asked to pay spousal maintenance, but I cannot afford it. What are my options?
If you genuinely lack the financial ability to pay the requested spousal maintenance amount, Minnesota law recognizes that alimony must be reasonable based on your actual income and expenses. During the divorce proceedings, you can present evidence of your financial situation, including pay stubs, tax returns, monthly expenses and debts, to demonstrate what you can realistically afford to pay.
The court will consider your ability to meet your own basic needs while also contributing support. If circumstances change after the alimony order is issued, such as job loss, significant income reduction, disability or retirement, you may file a motion to modify the spousal maintenance obligation. You will need to show a substantial change in circumstances that was not anticipated at the time of the original order.
What is a Karon waiver in Minnesota, and how does it affect spousal maintenance?
A Karon waiver is a provision in a divorce settlement agreement where one or both spouses permanently waive their right to seek spousal maintenance in the future. Once signed and approved by the court, this waiver prevents either party from returning to court later to request alimony, even if their financial circumstances change dramatically.
These waivers can offer finality and closure for couples who want to avoid future disputes over support, but they also carry significant long-term consequences. Before agreeing to a Karon waiver, you should carefully consider your future earning potential, health, age and ability to support yourself independently.
Schedule A Consultation With Meinerts Law Office, P.A.
Addressing issues of spousal maintenance can be vital for your financial health, and an experienced family law attorney is ready to hear from you. Call 952-208-8500 or contact the firm online to speak with a trusted, award-winning legal professional.