Family Law Updates

In Minnesota, Spousal Maintenance (Alimony) is based upon need, and not the equalization of cash flow (equalizing monthly cash flow is not required or even addressed by Minnesota Statue 518.552).  Unlike Child Support, Spousal Maintenance does not provide the parties with a basic formula to determine if (and for what time period) money should be paid to one spouse during Divorce proceedings or after a Divorce.  Minnesota Courts must use Statute 518.552 to analyze and determine whether to award spousal maintenance to a spouse, and the factors addressed in this statute are often subject to various (and often very dissimilar) interpretations and outcomes.

Spousal Maintenance Is Discretionary (And Certainly Not Guaranteed)

Judges in Minnesota have discretion in awarding spousal maintenance, and the decision whether to award spousal maintenance is permissive.  A vocational assessment of the spouse requesting spousal maintenance is very common, especially if a spouse appears to be underemployed or intentionally unemployed.    

Financial Experts To Resolve Spousal Maintenance Issues

An experienced CPA can provide the parties with various financial scenarios based on income, tax rates, child support, asset division and rate of return on investments (typically 4% to 7%) to present a picture of the post-decree financial positions of each party.  Many times, a party will use their own CPA to run financial schedules and scenarios.  We frequently have a 706 Neutral CPA run schedules and cash flow scenarios for the parties.

We Practice Exclusively in Divorce and Family Law

Located in the historic Linden Hills neighborhood of Minneapolis, Lake Harriet Law Office Attorneys Randall A. Smith and Amber C. Bretl provide outstanding legal representation exclusively in the areas of Divorce and Family Law.

Please call 612-750-4843 or complete the Contact Us form to schedule an office consultation.

Randall A. Smith – Managing Attorney    612-750-4843

Chinyere Okwulehie – Student Attorney 612-223-8925