Chisago City Spousal Support Attorney For Divorce
One of the most stressful unknowns during the divorce process is not knowing how your finances will be settled. This includes not knowing whether or not you will receive or have to pay financial support and for how long that obligation will last. At Johnson Brothers Law, in Chisago City, we help divorcing couples establish fair and accurate spousal maintenance or alimony.
The Three Types Of Spousal Maintenance In Minnesota
Minnesota law uses three specific terms to describe how and when spousal support is paid:
- Temporary maintenance: This is “short-term” help. It only applies while the divorce is still happening in court to make sure both people can pay their bills until the case is finished.
- Transitional maintenance: This is meant to be a bridge. It helps a spouse get back on their feet – maybe by finishing a degree or finding a job. If a marriage lasted between five and 20 years, the law usually presumes this type of support should last no longer than half the length of the marriage.
- Indefinite maintenance: This is for longer marriages (usually 20 years or more). It doesn’t necessarily mean “forever,” but it means there is no set end date because it’s unclear if the person receiving it will ever be fully self-supporting.
These terms are outlined in Minnesota Statutes, Chapter 518, Section 518.552. Whether you are just starting to think about divorce or are already in the middle of it, an attorney can help you understand how the law applies to your situation.
How Is Spousal Maintenance Determined In A Minnesota Divorce?
Minnesota courts consider several factors when determining spousal maintenance. These factors include:
- Each spouse’s income determination
- Financial support
- A spouse’s ability to become self-sufficient
- The standard of living established during the marriage
- The length of the marriage
- Each spouses’ contribution to the marriage
- Any existing prenuptial or postnuptial agreements
In addition, the court may award temporary maintenance while a couple’s divorce is pending. Oftentimes, spousal maintenance can be negotiated during the divorce process. If you are in the process of negotiating spousal maintenance, it is important to consider the tax implications of spousal support before you agree to a settlement.
How Is The Standard Of Living Calculated For Alimony In Minnesota?
When a judge decides how much alimony should be paid, they look at the “standard of living” you had during the marriage, considering factors like income, length of marriage and expenses. However, the law requires showing the extent to which that lifestyle was funded by debt. The court will not mandate support for a previously unaffordable “fancy” lifestyle sustained by maxed-out credit cards or huge loans.
Can Spousal Maintenance Be Modified?
After a divorce is finalized, it is still possible to modify spousal maintenance in Minnesota. However, it can only be modified if there has been a substantial change in circumstances that makes the original award unreasonable and unfair. A change in circumstances could include a change in income, a change in the cost of living or the recipient’s remarriage. The party seeking modification must petition the court and prove that a change in circumstances has occurred.
Can I Lower My Spousal Maintenance Payments If I Retire?
Yes, but there are rules. Under the 2024 updates to the support maintenance law, the court must look for “good faith.” In plain terms, that means retiring because it’s truly time, like reaching Social Security age, not just to dodge payments to your ex. If you retire at a normal age, the law generally presumes you’re acting in good faith.
Talk To A Chisago City Alimony Lawyer For Free
At Johnson Brothers Law, we offer a free initial consultation. This is a great opportunity for you to tell us about your specific circumstances and ask questions about your case. Call us at 651-400-1392 or send us a message through our website to schedule your free appointment.