When navigating a divorce in Minnesota, one of the primary concerns for both parties often involves alimony or spousal maintenance. Alimony provides financial support to a spouse who may have become financially dependent on the other spouse during the marriage.
Understanding these aspects can help you navigate the divorce process better and ensure a fair outcome for both parties.
Temporary maintenance
Courts award temporary maintenance, also known as pendente lite maintenance, during the divorce process to provide financial support to a spouse while the divorce remains pending. This type of alimony aims to maintain the financial status quo for the duration of the divorce proceedings and typically ends once the divorce finalizes.
Permanent maintenance
Courts grant permanent maintenance when one spouse requires long-term financial support following the divorce. This type of alimony may apply in cases where one spouse has been out of the workforce for a significant amount of time, has a disability or cannot become self-supporting. Permanent maintenance continues until the receiving spouse remarries, either spouse dies or the court orders a modification based on a substantial change in circumstances.
Factors considered in determining alimony
When determining the appropriate type and amount of alimony, Minnesota courts consider several factors, including:
- The length of the marriage
- The standard of living established during the marriage
- Each spouse’s income, assets, and debts
- The age and health of both spouses
- The receiving spouse’s ability to become self-supporting, including their education, skills, and employability
- The needs of any minor children involved
Courts consider multiple factors when determining the appropriate type and amount of spousal support, aiming to ensure that both spouses can maintain a reasonable standard of living following the divorce.
