Spousal Maintenance Isn’t A Given
Unlike child support, there are no hard and fast guidelines regarding the amount of spousal maintenance (also called alimony). In fact, it may be possible to negotiate a divorce settlement that avoids the payment of spousal maintenance altogether.
The total amount of spousal maintenance paid following a divorce may vary greatly from tens of thousands to millions of dollars. With the stakes so high, you need effective family law representation. Contact us for help.
Experience You Can Depend On
Julianne Markiewicz has more than 20 years of experience as an attorney. She works tenaciously to protect her clients’ rights and obtain advantageous outcomes in family law and divorce cases. In a free consultation, Julianne can review your situation, explain the principles of spousal maintenance and advise you of your best course of action.
If you wish to modify an existing spousal maintenance order, Markiewicz Law Office, P.A., in White Bear Lake can represent you. We handle cases throughout St. Paul, Minneapolis and the Twin Cities metro area.
Temporary, Interim And Permanent Spousal Maintenance
In Minnesota, there are three types of spousal maintenance:
Temporary spousal maintenance — When a spouse files for divorce, the court will hold a hearing to determine whether temporary spousal maintenance is warranted and, if so, how much. Upon the issuance of the divorce decree, the court can modify the amount in the accompanying spousal maintenance order, but there can be a tendency for the temporary amount to become final. This means you need legal advice at the earliest possible time.
Interim spousal maintenance — When a spouse cannot currently support himself or herself, the court may order the payment of interim spousal maintenance for a limited period. This can provide the receiver with time for education or vocational training so that he or she can obtain gainful employment.
Permanent spousal maintenance — The payment of spousal maintenance may be mandated in cases involving marriages of long duration or when one spouse is disabled or otherwise unable to support himself or herself.
Can Spousal Maintenance Be Avoided?
Even when the payment of spousal maintenance would otherwise be required, it may be possible to negotiate a settlement that avoids the payment of maintenance through a lump-sum payment of assets. Considering that spousal maintenance is taxable for the receiver and tax-deductible for the payer, this can be attractive.
A Karon waiver in a prenuptial agreement can also avoid spousal maintenance or limit the amount of maintenance should a divorce occur, but there are many complex factors that need careful consideration. Julianne Markiewicz can provide the guidance you need.