Spousal Maintenance
Predicting spousal maintenance awards is difficult. Spousal maintenance differs from child support, because there are no state guidelines. Rather spousal support awards depend on multiple factors, which I provide below. There is a lot of room for judicial discretion in these decisions.
Predicting spousal maintenance awards is difficult. Spousal maintenance differs from child support, because there are no state guidelines. Rather spousal support awards depend on multiple factors, which I provide below. There is a lot of room for judicial discretion in these decisions.
- Need of a party for spousal maintenance,
- Ability of a party to pay spousal maintenance, and
- Sufficient length of marriage to establish “entitlement.
Spousal maintenance decisions are based on the following:
- Length of the marriage.
- Standard of Living during the marriage.
- Income of both parties.
- Living expenses of both parties.
- Age of both parties.
- Property apportioned to each spouse in the divorce.
- Education and employability of the spouse seeking maintenance.
- Any disability status affecting employability.
Legally the Court is also required to consider the contributions of each party to the marital estate. However, courts presume that each spouse contributed to the household equally. Don't count on a spouse's level of contribution being an issue at trial.
If you have more questions you can call Stacey Keenan, Attorney at Law at 651-357-1882. Visit our website at: www.keenanlegalmn.com
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