Spousal Maintenance Attorneys

From Alexandra’s interview for the Masters of Family Law series on ReelLawyers.com

Spousal maintenance is the scariest, most difficult part of Minnesota divorce law for divorcing spouses. One spouse is fearful they won’t have enough money each month to cover all of their reasonable needs. The other spouse is also fearful that after taxes and spousal maintenance, they won’t have enough to live on. The fear is amplified by concerns about the marital standard of living, health, retirement, and future employability. And the fear can become terror when it is realized that Minnesota doesn’t have a formula or calculator (like it does for child support) to determine the monthly amount or duration of time of spousal maintenance. 

Yet spousal maintenance doesn’t need to be scary. The attorneys of Atticus Family Law have decades of experience with such vexing divorce issues as spousal maintenance. Time and time again, we have successfully positioned our clients using facts to secure the spousal maintenance amounts and duration that our clients need to thrive in the years to come, but also we have achieved this through artfully negotiating divorce agreements that saved clients thousands of dollars in trial fees. Your divorce doesn’t need to be a horror movie – the attorneys and staff of Atticus Family Law work every day to rewrite the endings so our clients can be in control. 

Will Spousal Maintenance be Ordered in My Divorce?

Either spouse can ask for spousal maintenance, but the court will not award spousal maintenance unless a spouse proves they need it. A maintenance award is based on the length of the marriage, the standard of living that was established during the marriage, custody and child support of the parties’ children, and the level of support needed. 

To determine if spousal maintenance is appropriate in your case, several factors about your current and future circumstances will be assessed. Can both parties provide for their own needs? Can the would-be payer afford their own needs while also paying maintenance? Is the would-be recipient capable of providing for their own needs, even if they are presently unemployed or under-employed? The questions involved in this issue require a great deal of analysis as this issue is hard-fought in every divorce.

Spousal maintenance may be granted for several reasons. These include disability or illness or not having worked outside the home for a number of years. If there is a large difference between your income and that of your spouse, you may be in need of spousal maintenance.

In some cases, the court may order temporary spousal maintenance for a limited time while the spouse returns to school, retrains in a new career, becomes re-qualified to return to their prior work, or re-enters the workforce after a period of unemployment. 

How Long Does Spousal Maintenance Last?

Temporary spousal maintenance is often awarded as a part of a plan for the receiving spouse to re-train in a new career, become qualified to return to prior work, or to re-enter the workforce after a period of unemployment. Temporary maintenance, as its name suggests, is awarded for a set period of time as a means of easing a significant life transition. 

In some situations, permanent maintenance is paid until the receiving spouse either remarries, cohabitates, or dies. While there is no initial time period set for permanent maintenance, the amount or duration of these payments may be modified if new circumstances, such as a serious injury, retirement, or loss of employment, arise that affect the parties’ income and financial status. In addition, a divorce order may permit for the modification of spousal maintenance.

Can I Negotiate for a More Favorable Spousal Maintenance Award?

Your attorney should take any and all reasonable steps to reach the most favorable agreement for you in every aspect of your divorce, and spousal maintenance is certainly no exception. In preparing clients’ spousal maintenance claims, we carefully identify the monthly expenses and needs of both parties, along with their incomes and earning capacities. If we believe that one party is under-employed or capable of an income greater than what they are claiming, we require them to submit to a vocational assessment so that an expert may attest to their earning capacity in our local labor market.

Mediation is frequently utilized as a means of resolving spousal maintenance disputes. The same arguments that will serve the clients in presenting their claims to a judge at trial can be used in mediation to encourage an agreement. The goal, in court or mediation, is to secure spousal maintenance terms that best serve the client and their family.

Support & Property Collections

We are committed to caring for our clients as a whole person, not a case number, and our commitment continues long after your divorce has been completed. For clients who need assistance in collecting their child support, spousal support, and divorce property, Atticus Family Law provides comprehensive guidance and great service. We work with our clients to understand the debt owed to them and the basis of their claims. By fully understanding our clients and their needs, we can prepare a strategy to maximize recovery in a speedy time frame.

In most circumstances, we start with gentle tactics and increase pressure. This method helps preserve the relationships that our clients have with their debtors, who are often ex-spouses and the parents of shared children. Many times, support payments get paid just by demonstrating to debtors you mean business by retaining a law firm. But if a debtor refuses to uphold their responsibilities, we can utilize bank levies, wage garnishments, seizure of assets, and contempt of court proceedings. 

Talk to an Experienced Divorce Attorney

Spousal maintenance claims are, head and shoulders above all other divorce issues, the most difficult to pursue and to defend. Choosing the right divorce attorney to press your claim or defend against your spouse’s claim can make all the difference in your case. 

At Atticus Family Law, we exclusively focus on family law, including divorce and spousal maintenance cases, allowing us to continually build our knowledge and experience in this field.  We do what we do because we understand how deeply these cases impact our clients’ lives, and we truly enjoy getting to help clients in need to improve their lives. To schedule a consultation, complete the online contact form or call our office today.