Legal Question in Family Law in Minnesota

The answer to your question is not a simple one. Every participant in a divorce has a right to have their day in court and have a Judge decide issues after a trial.

Any assessment of spousal support would require a review of all circumstances surrounding the case. Unlike Minnesota's child support statutes, there are no percentage guidelines to determine when spousal maintenance is appropriate or at what level. In Minnesota, trial courts have broad discretion in deciding whether to award maintenance and in determining its duration and amount. As a result, spousal maintenance often becomes one of the most contested issues in divorce proceedings.

Currently, spousal maintenance awards are granted pursuant to Minnesota Statutes � 518.552 if the spouse seeking maintenance demonstrates that he or she:

(1) lacks sufficient property, including marital property apportioned as part of the divorce to provide for the reasonable needs of the spouse considering the standard of living established during the marriage, especially, but not limited to, a period of training or education; or

(2) is unable to provide adequate self-support, after considering the standard of living established during the marriage and all relevant circumstance, through appropriate employment, or

(3) is the custodian of a child whose condition and circumstances make it appropriate that the custodian not be required to seek employment outside the home.

In determining the amount and duration of spousal maintenance, Minnesota statutes require that Courts address all relevant factors. The statute specifically identifies the following as relevant issues in determining spousal maintenance:

(1) The financial resources of the spouse seeking maintenance;

(2) The amount of time that is necessary for the spouse seeking maintenance to acquire necessary skills or education to find appropriate employment;

(3) The age and physical and emotional health of the recipient spouse;

(4) The standard of living established during the marriage;

(5) The length of the marriage;

(6) The contribution and economic sacrifices of a homemaker including loss of seniority, retirement benefits and other employment opportunities foregone while working at home

(7) The financial resources available to the spouse from whom maintenance is sought.

No single factor is dispositive and the Courts must weigh all factors giving appropriate weight to each.

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