Divorce law in Minnesota is constantly evolving. This is because of changes to the law made by the Minnesota legislature, and because of decisions made by Minnesota divorce judges and the appellate courts.
Generally, alimony and spousal maintenance are the same thing. In Minnesota, “alimony” is called “spousal maintenance.” States that use the term “alimony” often have slightly different approaches to the issue. The law regarding Minnesota spousal maintenance has evolved. Currently, the Courts (and mediators and evaluators) first consider the reasonable needs of the spouse seeking spousal maintenance, and their ability to meet those reasonable needs through their own income. If there is a shortfall, then the Courts consider the ability of the other spouse to meet their own needs while contributing to the needs of their spouse. Each spouse’s monthly budget is an important consideration, as is the amount of their respective incomes. The Courts often look at other factors, too, but only after it is first established that the spouse seeking spousal maintenance has budgetary needs that cannot be met by that spouse’s own income or income earning ability. If you are concerned about spousal maintenance, you should call me (divorce attorney Dan Fiskum) to set up a free initial consultation.
If a marriage is less than 5 years, there is a now presumption against awarding spousal maintenance. If you are thinking about getting divorced and have been married less than 5 years, and spousal maintenance is an issue in your case, you need to keep this in mind.
For further information, contact attorney Dan Fiskum now for a free 45-minute divorce consultation at (952) 270-7700. Attorney Fiskum is a Minnesota Divorce Guru who has been practicing family law in Minnesota for over thirty years. He is a member of the American Bar Association, Family Law Section, the Minnesota State Bar Association, Family Law Section, and has been named a Super Lawyer. Dan Fiskum and Minnetonka Family Law are conveniently located in the Carlson Towers in Minnetonka, Minnesota. Call (952) 270-7700 now to schedule a free 45-minute consultation.
