The attorneys at John Bump and Michael Moore represent clients who are seeking to receive or to avoid paying spousal maintenance (also known as alimony) during a divorce proceeding in family court.
Unlike child support, spousal maintenance is not determined by state statutes. The decision to grant maintenance is made by a family court judge who considers a variety of factors. Therefore, an effective presentation of the facts by your attorney can make a big difference in the outcome of an alimony case.
If you have questions regarding alimony, contact us today to schedule an appointment with an experienced attorney: 714-644-7245
Listed below are some of the factors considered by the judge in making a decision on whether to grant spousal support:
- Ongoing needs of each party
- Current property and income of each party
- Current and future earning potential of each party
- Standard of living established during marriage
- Age, physical and emotional condition of both parties
- Existence of a premarital agreement or postnuptial agreement
- Other factors that the courts find equitable and just
If the judge agrees to order spousal maintenance, he/she will then determine how much support will be ordered and for how long. The duration of spousal support is closely linked to the length of the marriage.
There are four types of maintenance in the State of Minnesota
Temporary maintenance provides support for a specified amount of time, giving the recipient time get back on track financially.
With permanent maintenance, payments continue until the spouse receiving support either dies or remarries.
- Lump Sum
A lump sum maintenance order is a one-time taxable or non-taxable payment. Under this approach, there is often careful consideration of the tax consequences.
- Rehabilitative Maintenance
Rehabilitative maintenance is used in situations where one spouse may need to return to school in order to become self-sufficient. The maintenance is temporary but can be followed by a lower amount of permanent maintenance.
Hennepin County Alimony Attorneys serving clients in Minneapolis, St Gary, St Louis Park, Edina, Minnetonka, and communities throughout the Twin Cities area