Sieloff and Associates, P.A.

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(651) 454-2000

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Eagan Office

Yankee Square Office III

3460 Washington Drive

Suite 214

Eagan, Minnesota 55122

(651) 454-2000

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Prior Lake Office

15870 Franklin Trail SE

Suite 201

Prior Lake, Minnesota 55372

(952) 226-6840

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Mora Office

221 Union Street South

Suite 3

Mora, Minnesota 55051

(320) 679-4569

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Family Law Center

 

 

 

Tax Center

 

 

 

Business Start-up Center

  

 

 

Spousal Maintenance

    Spousal maintenance (alimony) in Minnesota is determined under Minnesota Statutes Section 518.552.  A court may order one spouse to pay the other spouse maintenance if the court finds that the spouse seeking maintenance: 

  • Lacks sufficient property, including marital property apportioned to the spouse, to provide for reasonable needs of the spouse considering the standard of living established during the marriage, especially, but not limited to, a period of training or education, or

  • Is unable to provide adequate self-support, after considering the standard of living established during the marriage and all relevant circumstances, through appropriate employment, or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home. (518.552 Subd. 1). 

    In addition, in setting an appropriate amount of spousal maintenance, the court considers all relevant factors including:

  • Financial resources of the party seeking maintenance, including marital property apportioned to the party, and the party's ability to meet needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian;

  • Time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, and the probability, given the party's age and skills, of completing education or training and becoming fully or partially self-supporting;

  • Standard of living established during the marriage;

  • Duration of the marriage and, in the case of a homemaker, the length of absence from employment and the extent to which any education, skills, or experience have become outmoded and earning capacity has become permanently diminished;

  • Loss of earnings, seniority, retirement benefits, and other employment opportunities forgone by the spouse seeking spousal maintenance;

  • Age, and the physical and emotional condition of the spouse seeking maintenance;

  • Ability of the spouse from whom maintenance is sought to meet needs while meeting those of the spouse seeking maintenance; and

  • Contribution of each party in the acquisition, preservation, depreciation, or appreciation in the amount or value of the marital property, as well as the contribution of a spouse as a homemaker or in furtherance of the other party's employment or business. (518.552 Subd. 2)

 

 


"Such is the common process of marriage. A youth and maiden exchange meeting by chance, or brought together by artifice, exchange glances, reciprocate civilities, go home, and dream of one another. Having little to divert attention, or diversify thought, they find themselves uneasy when they are apart, and therefore conclude that they shall be happy together. They marry, and discover what nothing but voluntary blindness had before concealed; they wear out life in altercations, and charge nature with cruelty."

- Samuel Johnson, Rasselas

 

 
 

 

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Copyright © 2005 Sieloff and Associates, P.A.

 

 

Sieloff and Associates, P.A.

(651) 454-2000

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