Spousal Support (Alimony): Understanding Your Rights and What You Deserve

Spousal support, also known as alimony, is a critical aspect of many divorce proceedings. It is intended to provide financial assistance to a spouse who may have become economically disadvantaged during the marriage or needs assistance in transitioning to financial independence after divorce.

**Factors Considered in Determining Spousal Support:**

1. Length of the Marriage:
   The duration of the marriage is a crucial factor. Generally, longer marriages may warrant longer-term spousal support, especially if one spouse has significantly lower earning potential or has been out of the workforce to care for children or support the other spouse’s career.
2. Income Disparity:
   The difference in income and earning potential between spouses is a key consideration. If one spouse earns significantly more than the other or has greater financial resources, they may be required to provide spousal support to ensure a fair standard of living post-divorce.
3. Standard of Living:
   The lifestyle enjoyed during the marriage is often a benchmark for determining spousal support. Courts aim to help the supported spouse maintain a standard of living as close as possible to that which they experienced during the marriage.
4. Education and Employment History:
   The educational background, job skills, and employment history of each spouse are evaluated. If one spouse needs additional education or training to become self-supporting, this may influence the amount and duration of spousal support.
5. Age and Health:
   The age and health of both spouses can impact their ability to work and earn income. Factors such as disability or chronic illness may necessitate ongoing spousal support to accommodate the supported spouse’s increased financial needs.
6. Custodial Responsibilities:
   If one spouse has primary custody of minor children, they may require financial assistance to maintain a stable home environment and meet the children’s needs. This can affect the calculation of both child support and spousal support.

Setting Spousal Support:

During divorce proceedings, spousal support may be agreed upon by the parties through negotiation or determined by the court if the spouses cannot reach a mutual agreement. Minnesota courts have discretion in setting spousal support amounts based on the above factors and any other relevant circumstances.

Modifying Spousal Support:

Spousal support orders are not necessarily permanent and may be modified under certain circumstances, such as:

1. Change in Financial Circumstances:
   If either spouse experiences a significant change in income, employment status, or financial resources, they may petition the court for a modification of spousal support.
2. Remarriage or Cohabitation:
   Spousal support obligations typically terminate if the supported spouse remarries or enters into a new domestic partnership, depending on the terms specified in the divorce decree.
3. Retirement:
   Upon reaching retirement age, the paying spouse may seek a modification or termination of spousal support if their retirement income reduces their ability to pay.

Seeking Legal Guidance:

Navigating spousal support can be complex, requiring careful consideration of legal principles and individual circumstances. At [Your Law Firm Name], we have extensive experience advocating for our clients’ rights in spousal support matters. Whether you are seeking initial support arrangements or need to modify an existing order due to a change in circumstances, our knowledgeable attorneys are here to provide the guidance and representation you need.

Contact us today to schedule a consultation and learn more about how we can assist you in achieving a fair resolution in your spousal support case.