Minneapolis Spousal Maintenance Attorneys

Minnesota Spousal Maintenance

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Spousal maintenance, also known as "Maintenance" or "Alimony" is an award from the future income of one spouse for the support of the other spouse.

Maintenance may be "reserved," "waived," "awarded" or "denied." An award of maintenance will either be "temporary" or "permanent."

Temporary maintenance is awarded for a fixed period of time with the intent that it will assist the collecting spouse in re-entering the work force by securing the education necessary for career advancement. Temporary maintenance is also referred to as rehabilitative maintenance.  Permanent maintenance, on the other hand, is paid until the death of either party, or until the receiver remarries.

A number of factors play a role in the duration and amount of the maintenance award:

  • Ability of spouse to provide for their own reasonable needs;
  • Standard of living established during marriage;
  • Custody of a child when working outside the home is not appropriate;
  • Financial resources of spouse seeking maintenance;
  • Ability to obtain appropriate employment;
  • Loss of earnings, retirement benefits, and other;
  • Physical condition of spouse seeking maintenance;
  • Ability of spouse to pay; and
  • Contributions to business and other marital property.

An award of spousal maintenance is almost always subject to future modification. Modification of either the amount or duration of maintenance is made through a court hearing. Typically, a modification is granted if there has been a "substantial change in circumstance" which makes the original order unreasonable or unfair. It is the person bringing the request to modify the spousal maintenance who has burden to prove that such a change of circumstances has occurred.

Unlike child support, spousal maintenance is considered taxable income by the IRS. At SeilerSchindel, PLLC, we will work closely with financial advisors to help you negotiate various spousal maintenance sums and tax deductions in order to obtain maximum value for dollars paid or received on a monthly basis.