Alimony

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Alimony AttorneyLooking for a Minnesota alimony attorney, or have questions about alimony in Minnesota?  Start here with answers to the questions our alimony attorneys are most frequently asked, and if you still have questions when you are done, call or email us for an initial consult.

Will I receive or pay alimony?

There are no guidelines for alimony (the legal term of which is spousal maintenance). Many divorce cases involve no alimony, in which neither party pays alimony and neither party receives it. If there is a substantial income disparity between the parties, and the parties have been married a long time, there is greater likelihood of alimony. You must discuss the specific facts and circumstances of your case with your attorney to rule in, or rule out, the possibility of alimony.

What is permanent maintenance?

When one spouse’s obligation to pay alimony to the other spouse has no expiration date, it is called permanent maintenance.  The alimony will continue until one of the parties dies, the spouse receiving the alimony remarries or there is a substantial change of circumstances.  The family court retains jurisdiction over the alimony issue, even after a divorce is finalized, because the spouses’ circumstances might change, making it necessary to modify the monthly obligation.  The most common changes of circumstances are increases or decreases in one of the spouses’ incomes, increases or decreases in one of the spouses’ expenses, or the retirement of the spouse paying alimony.

What is temporary maintenance?

This phrase can apply to two different situations.  One is the alimony paid while a divorce is in process.  In that situation, temporary maintenance continues until the divorce decree is entered.

The second situation is where the term temporary maintenance appears in the divorce decree.  In that instance, alimony is paid for a fixed period of time.  This is alternatively called “rehabilitative maintenance.”  It is the alimony obligation that applies in cases where one spouse receives alimony while attending school or otherwise working toward qualifications for a new job.  It also applies in cases where the marriage is relatively short and permanent maintenance would not be suitable.

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