Spousal Maintenance

Minneapolis Spousal Maintenance Lawyer

Spousal maintenance, also known as alimony, is either a temporary or permanent payment made by one spouse to the other during and after the divorce process. The purpose is to help the financially-disadvantaged spouse meet his or her living expenses. It is usually made on a monthly or bi-monthly basis. 

Spousal maintenance is not automatic in a Minnesota divorce. The court must determine that it is genuinely needed by the spouse requesting it. Whereas child support is determined by a more objective guideline system, an award of maintenance is more subjective. Because of its subjectivity, it is a frequent area of dispute and litigation. 

If you need to seek or contest spousal maintenance, you can turn to Sobol Family Law for effective representation. Brian L. Sobol is extremely experienced in arguing both for and against significant maintenance awards, both as to their amount and duration. He is adept at determining the key factors in maintenance disputes and has decades of practice in negotiation, mediation, and litigation in these matters.

Schedule an initial consultation with Brian as a Minneapolis spousal maintenance attorney to discuss your case. You can reach Sobol Family Law by email or by phone at (866) 484-4079. Offering up to two hour consultations for $350.

Understanding Minnesota Spousal Maintenance

Spousal maintenance, also known as alimony, is a court-ordered payment from one spouse to the other after a divorce or separation. In Minnesota, the amount and duration of spousal maintenance are determined based on several factors, including:

  • The length of the marriage
  • The standard of living during the marriage
  • The financial resources and earning capacity of each spouse
  • The age and physical and emotional condition of each spouse
  • The contributions of each spouse to the marriage

What Factors Determine Minnesota Spousal Maintenance?

The key factors in determining this issue include: 

  • The marital standard of living presented to the court in the form of a well-supported budget
  • An accurate breakdown of each spouse’s true income and income potential; this must include the requesting spouse’s capacity for meeting his/her needs independently
  • What each spouse contributed to the marriage, including asset/property contributions, contributions as a homemaker and child caretaker, and contributions to a working spouse’s education, training, employment, or business
  • How child custody and child support impact the decision
  • Whether the requesting spouse needs the time and resources to become self-supporting through training, education, or job experience
  • The ability of the supporting spouse to pay
  • The ages, health, and emotional conditions of both spouses

Under Minnesota law, the court may grant an award of spousal maintenance after reviewing all relevant circumstances. 

Amount & Duration of Spousal Maintenance

The amount and duration of spousal maintenance will be decided by the court. This issue will boil down to the requesting party’s reasonable needs based on the standard of living enjoyed during the marriage and his or her ability to meet those needs balanced against the other party’s ability to support himself/herself while still paying this maintenance. 

Our Minneapolis Alimony Lawyers are Ready to Help

Our Minneapolis spousal maintenance lawyer, Brian Sobol, has extensive experience in family law and can provide knowledgeable counsel to help you understand your rights and options regarding spousal maintenance. Whether you are seeking or contesting spousal maintenance, we are here to advocate for your best interests and guide you through the legal process.

Contact Sobol Family Law today to schedule a consultation and discuss your spousal maintenance concerns with an experienced attorney.

Commonly Asked Questions

What is the purpose of spousal maintenance (alimony) in Minneapolis, MN?

Spousal maintenance, also known as alimony, is designed to help the financially-disadvantaged spouse meet their living expenses during and after the divorce process. It is usually paid on a monthly or bi-monthly basis.

Is spousal maintenance automatic in a Minnesota divorce?

No, spousal maintenance is not automatic in a Minnesota divorce. The court must determine that it is genuinely needed by the spouse requesting it.

What factors determine spousal maintenance in Minneapolis, MN?

Key factors in determining spousal maintenance include the marital standard of living, accurate breakdown of each spouse’s income, contributions to the marriage, child custody and support, the need for self-supporting resources, the supporting spouse's ability to pay, and the health and emotional conditions of both spouses.

Who decides the amount and duration of spousal maintenance in Minneapolis, MN?

The amount and duration of spousal maintenance are decided by the court based on the requesting party’s reasonable needs, ability to meet those needs, and the other party’s ability to support themselves while paying the maintenance.

How can I seek or contest spousal maintenance in Minneapolis, MN?

If you need to seek or contest spousal maintenance, you can seek legal representation from experienced attorneys who specialize in family law and divorce cases in Minneapolis, MN.

Award-Winning Representation
Brian is the only lawyer so ranked in Minnesota who is also a diplomate in the American College of Family Trial Lawyers, a by-invitation only group of 100 of the top family trial lawyers in the American Academy of Matrimonial Lawyers, an equally select group of the top family lawyers in the nation. Get his experience on your side today.
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Testimonials

Read What Satisfied Clients Say About Working with Brian
    “I cannot say enough as to the caring and zealous help Brian gave to me and my family.”
    “Brian was tenacious in helping me protect my children and was able to uncover our finances to allow us to ultimately reach a fair division of our property and a fair award of support for me and my children.”
    - Megan C.
    “Brian, is not just a lawyer but a miracle worker as well.”
    “His work is nothing but extraordinary. What he did for my friend was impossible to even think could be done. Brian did what he would do for his own family.”
    - Yelena B.
    “Brian has guided my wife and I, plus extended family members, through some challenging times.”
    “His knowledge in a variety of legal aspects is unparalleled. We feel fortunate to have his representation.”
    - Jeff
    “Brian was efficient, respectful, knowledgeable, personable and wonderful.”
    “He made the process of the ordeal as good as it could have been, including the outcome. I would recommend Brian to anyone, who wants an exceptional professional and advocate to represent them in a legal matter.”
    - Former Client
    “Brian was brilliant.”
    “After Brian negotiated my divorce settlement, my ex-husband, surprisingly, delivered the highest compliment, stating "Brian was brilliant."”
    - Barbara
    “It was tough, but Brian met all of my expectations.”
    “During the past three years Brian helped me through a bitterly contested family law matter.”
    - David
    “I highly recommend Brian Sobol for contentious custody cases especially when opposing counsel is outrageous.”
    “Brian Sobol is methodical in his approach. It takes a long time to move through the family court process but I can sit back now and relax. A highly skilled professional will argue the law and fight for me to see my kids.”
    - Julie M.
    “He is the best lawyer I ever could have been blessed with.”
    “I know I won't have need of for Mr. Sobol again. If I did though...Brian Sobol would be the person I would have defend me!”
    - Tammy G.

Experienced Counsel at Sobol Family Law

An experienced family lawyer like Brian is crucial in assuring that maintenance recipients receive a fair and equitable amount or that supporting spouses do not pay too much. Several factors are crucial to presenting and defending a maintenance claim.

For example, you must present an accurate budget. Brian is extremely methodical in analyzing bank statements, canceled checks, credit card statements, business records, and patterns of spending. This is done to ensure that financial accuracy is presented to the court that fairly represents the marital standard of living.

Equally important is an analysis of both parties’ incomes and income potentials. This will also require analysis of pay stubs, tax returns, self-employment business records, banking records, and earning history. For a spouse who is unemployed or underemployed, Brian may sometimes retain an outside vocational evaluator to determine earning capacity. 

Brian’s extensive experience in these financial matters includes a leading case involving the earning capacity of a spouse seeking maintenance after a lengthy absence from the job market. 

Modifications of Spousal Maintenance

Post-decree modifications of spousal maintenance may be sought by either spouse should you experience a significant change in your life or financial circumstances. Examples of such changes could include job loss, a reduction in wages, small business or self-employment failure, serious illness or injury, or the supported ex-spouse’s cohabitation with a romantic partner. 

Brian can assist you with all matters related to Minnesota spousal maintenance in Minneapolis and the surrounding counties of Hennepin, Anoka, Ramsey, Washington, Dakota, Scott, and Carver. 

Contact Brian for a more detailed discussion of spousal maintenance as it applies to the facts of your life. Phone Sobol Family Law at (866) 484-4079.