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.
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.
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.
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.
His knowledge in a variety of legal aspects is unparalleled. We feel fortunate to have his representation.- Jeff
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
After Brian negotiated my divorce settlement, my ex-husband, surprisingly, delivered the highest compliment, stating "Brian was brilliant."- Barbara
During the past three years Brian helped me through a bitterly contested family law matter.- David
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.
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.
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.