Spousal Support (alimony or spousal maintenance)

Gislason & Hunter's attorneys are well-versed in the law and the facts necessary to prove or defend a case to seek modification of a previously entered spousal maintenance order, or to enforce a spousal maintenance order.

What is Spousal Maintenance?

Spousal maintenance is a monetary award made in a dissolution or legal separation order.  Basically, the spouse entitled to support under the order receives payments from the other spouse's income or earnings. There are several factors a court will look at to determine whether or not spousal maintenance is appropriate, including the receiving spouse's ability to provide for his or her own reasonable needs, the ability of the payor spouse to pay maintenance.

In Minnesota, spousal maintenance may be: (1) reserved by the court; (2) awarded to a spouse; (3) waived by a spouse; or (4) denied by the court.  

Is a Spousal Maintenance Award Permanent?

Not necessarily.  Spousal maintenance can be either temporary or permanent.  A temporary maintenance award is awarded for a finite period of time, for the purpose of assisting the spouse to either re-enter the job market or upgrade that spouse's education and skills necessary to improve employment opportunities.  Permanent spousal maintenance is awarded until the spouse receiving spousal maintenance remarries or until the death of either party.

Can a Spousal Maintenance Award Be Changed Later?

Yes.  Spousal maintenance awarded on a permanent basis can be modified, unless the parties specifically contract away their rights of modification.