Respected Rochester Spousal Maintenance Lawyers
Last updated on April 23, 2025
Navigating a divorce with complex financial issues requires careful planning and strategic solutions. At our Rochester law firm, we are experienced divorce attorneys who are committed to helping clients address these challenges with sophisticated strategies. Whether your Minnesota divorce involves high net worth considerations or other intricate financial conflicts, as experienced spousal maintenance lawyers at Frieders & Kuhn, L.L.P., we can advocate for fair spousal maintenance that meets your needs.
Defining Spousal Maintenance In Minnesota
Spousal maintenance, also known as alimony or spousal support, is financial support paid by one spouse to another after a divorce. Spousal maintenance is awarded to help balance income differences between divorcing spouses. Spousal maintenance can help ensure that each spouse is able to maintain a reasonable standard of living after their divorce is finalized. This financial support can be temporary or permanent, depending on the circumstances of the marriage and divorce.
When Is Spousal Maintenance Awarded In A Minnesota Divorce?
Under Minnesota Statute 518.552, Subdivision 1, our attorneys can help pursue spousal maintenance if the spouse seeking support meets at least one of these three conditions:
- The spouse lacks sufficient property, including their portion of marital property, to maintain a reasonable standard of living based on the lifestyle established during the marriage. This is particularly important when the spouse needs time for education or training.
- The spouse cannot adequately support themselves at the standard of living established during the marriage, considering all relevant circumstances.
- The spouse has custody of a child whose condition or circumstances make it appropriate for the custodial parent to remain at home rather than seek outside employment.
As your lawyers, we thoroughly evaluate your situation against these criteria to determine whether spousal maintenance may be appropriate in your case.
How Is Spousal Maintenance Calculated?
According to Minnesota Statute 518.552, Subdivision 2, courts determine maintenance amounts and duration by evaluating eight key factors. As your attorneys, we carefully analyze each factor to develop appropriate maintenance proposals:
- The financial resources of the spouse seeking maintenance, including their share of marital property and ability to be self-supporting. This includes consideration of child support if they are a custodial parent.
- The time and resources needed for education or training to secure appropriate employment, along with the likelihood of becoming self-supporting based on age and skills.
- The standard of living during the marriage, including consideration of whether that lifestyle was supported by debt.
- The marriage duration, lost career opportunities of the spouse seeking maintenance and any diminished earning capacity due to outdated skills or prolonged absence from the workforce.
- Both spouses’ age and physical, mental and chemical health status.
- The ability of the spouse to pay maintenance to support themselves while providing support to the other spouse.
- Either spouse’s contributions toward advancing the other’s career or business success.
- Each spouse’s retirement preparation needs and anticipated retirement timeline.
Our attorneys work diligently to gather and present evidence supporting each relevant factor to advocate for fair maintenance determinations that align with Minnesota law.
How Long Do Spousal Support Payments Last?
The duration of spousal support payments varies based on individual circumstances. The legislature just passed new guidelines:
- For marriages lasting 5 years or less, the presumption is that no spousal maintenance will be awarded.
- For marriages lasting 5 to 20 years, spousal maintenance is generally awarded for half the length of the marriage. For example, if a couple was married for 12 years, maintenance is presumed to only last for up to 6 years. This is called transitional maintenance.
- For marriages lasting more than 20 years, maintenance is presumed to be awarded indefinitely — meaning it could continue until there’s a significant change in circumstances. This is called indefinite spousal maintenance.
These guidelines provide both parties with clearer expectations about spousal maintenance duration. However, it is crucial to remember that the court can adjust these time frames based on the specifics of the case.
We will be dedicated to protecting your rights and interests. We will advocate for spousal support arrangements that are appropriate for your unique situation.
Consult A Rochester Divorce And Spousal Maintenance Lawyer
If your Minnesota divorce involves complex financial issues and spousal maintenance is likely to be considered in your divorce, we are divorce lawyers who are available to answer your questions. We invite you to schedule an initial consultation by calling us at 507-414-5558. You can also send us a message through our website. We look forward to telling you more about how we can help you with your case.