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Minneapolis-St. Paul Metro Area Spousal Maintenance Attorneys

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At the end of most marriages, you may face a variety of complicated legal obligations, including spousal maintenance (alimony).

More commonly known as spousal support or alimony, spousal maintenance is financial support that is provided by one spouse to another according to the terms of a valid antenuptial agreement, court order, or settlement such as those made in mediation. In Minnesota such spousal support is called spousal maintenance. The terms “alimony” and “spousal support” are not part of the legal vernacular although the public commonly use these terms when speaking about spousal maintenance.

Olup Law is committed to offering Minnesota families innovative legal strategies and distinguished financial advice to assist them in addressing the complex legal aspects of divorce.

Contact Olup Law at (952) 835-4070
to protect your interests during divorce.

Minnesota courts evaluate a number of factors to determine what, if any, spousal maintenance should be provided. While the court considers a variety of factors when determining spousal maintenance (alimony), including the length of the marriage, the standard of living enjoyed during the marriage, the relative income of each party, and the needs of each spouse, the driving factor is to avoid an unfair economic consequence as a result of a divorce. Unlike child support, courts are allowed broad discretion in determining whether or not to require one spouse to provide support to another.

Under Minnesota law, spousal maintenance generally takes one of four forms:

  • Permanent – Permanent spousal support is paid until the spouse receiving support dies or remarries. Cohabitation with another person may be a consideration in eliminating or reducing the amount of support, but is not of itself a factor that will eliminate maintenance.
  • Karon Waiver – Spousal maintenance may be paid pursuant to a Karon Waiver. This form of payment typically limits the amount and duration of spousal maintenance. Generally this is intended to mean that the payment of spousal maintenance cannot be increased or decreased by a court after the decree or order is issued. A Karon Waiver fixes the amount and duration of maintenance. However, there are several factors with which the parties are required to comply for a valid Karon Waiver to take effect. You should consult an attorney to address these and determine whether a Karon Waiver is right for you.
  • Lump Sum – A lump sum support order requires the one-time taxable or non-taxable payment of spousal maintenance (alimony) and can involve important tax obligations that should be considered when reaching an agreement. This form of maintenance is typically accompanied by a waiver of all future maintenance payments.
  • Temporary (short-term) or Rehabilitative – In Minnesota, temporary and rehabilitative maintenance are the most common forms of spousal support.
    Unlike permanent maintenance, temporary spousal support generally lasts for a short period of time, allowing the recipient to regain their financial footing. The spouse receiving spousal maintenance may have a degree or past work experience but needs to update her skills and re-enter the work force for a period before becoming self- supporting.Rehabilitative maintenance requires one spouse to contribute to the needs of a financially dependent spouse as they attend school and seek to become self- supporting. Rehabilitative maintenance is a form of temporary maintenance that carries with it an expectation that with education, the spouse receiving maintenance can become fully, or at least partially, self-sufficient. Sometimes rehabilitative maintenance can be followed with a modified, lower amount of permanent maintenance. This would generally occur only in a long-term marriage where there is an older spouse who is genuinely unable to reach the financial goals that were set for them.Temporary and rehabilitative maintenance are most typically found in shorter marriages where permanent maintenance is not appropriate. What constitutes a short versus a long term marriage is not defined by law but is examined on a case by case basis.

Unless the parties have contracted for spousal maintenance that cannot be modified (called a Karon Waiver) spousal support can be modified as needs and circumstances change. Our family law attorneys can guide you through the process of modifying the terms of your spousal maintenance provisions to enable you to protect your financial interests and rights.

At Olup Law, the experience of our Minnesota divorce lawyers can help clients make informed decisions about protecting their financial futures. Contact our Edina-based family law practice for respected counsel and creative solutions to spousal maintenance issues.

From our Edina, MN office, Olup Law serves the Minneapolis-St. Paul metropolitan area, including the cities of Minnetonka, Chaska, Chanhassen, Edina, Wayzata, Excelsior, Shakopee, Plymouth, Minnetrista, Orono, North Oaks, Eden Prairie, Victoria, Waconia, Shorewood, Minneapolis, Excelsior, and Burnsville.