Divorce can be a challenging process. After the initial difficult decision of whether to pursue a dissolution action, many parties wonder where to begin in sorting through the many pieces of the marital relationship. One helpful place to start is to realize that there are two main issues that apply to every divorce and two… Read more »
I have a friend who has first-hand experience with divorce, spousal maintenance, and how the issue of spousal maintenance is determined as part of a divorce process. In the wake of his own experience, he questions the wisdom of having no spousal maintenance guidelines in Minnesota’s family law statutes. Many states have spousal maintenance guidelines… Read more »
The Minnesota alimony statute lists factors for the family court to consider in deciding a case of spousal maintenance. However, the statute directs the court to consider "all relevant factors" which may include factors other than those listed. The statute also directs the court to make the decision "without regard to marital misconduct." That is… Read more »
In family court, there are cases in which the court grants spousal maintenance (i.e., alimony), and there are cases in which the court denies spousal maintenance. There are also cases in which the court RESERVES spousal maintenance. When the court reserves spousal maintenance, there is no obligation to pay spousal maintenance, now or in the… Read more »
The tax consequences of child support and alimony (spousal maintenance) are different. Child support has no tax consequences, which is to say that child support is not taxable to the recipient, and not deductible from the income of the payor. Typically, however, spousal maintenance is taxable to the recipient, and deductible from the taxable income… Read more »