Minnesota Divorce and Spousal Maintenance – Equalizing Cash Flow Is Not Part of The Algorithm

In Minnesota, Spousal Maintenance (Alimony) is based upon need.  Equalizing monthly cash flow (or available income) is not required by Minnesota Statue 518.552.  Unlike Child Support, Spousal Maintenance does not provide the parties with a formula to determine if (and for what duration of time) money should be paid to one spouse during Divorce proceedings (through a temporary order) or after a Divorce.  Courts must use Minnesota 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 dissimilar) interpretations and outcomes.  The whole process can be vexing and confusing to the parties.

Spousal Maintenance Is Discretionary (And 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 has become much more prominent as a result of the 2011 decision in Passolt v. Passolt.  

Financial Experts and Spousal Maintenance

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 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 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 – Principal Attorney    612-750-4843

Amber C. Bretl – Associate Attorney      612-223-8925

Makenzie Bosshard – Student Attorney 612-750-4843


Published On: February 12, 2016Categories: Family Law Updates

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We represent clients throughout the Minneapolis area in Divorce, Financial Issues, Child Custody, Child Support, Parenting Time, Property and Asset Division, Spousal Maintenance and more!