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Navigating Minnesota Divorce Law: Spousal Support Explained
Navigating Minnesota Divorce Law: Spousal Support Explained
When filing for divorce in the state of Minnesota, there are many things to consider. This blog post will focus on spousal support and provide an overview of the factors a court will consider when determining whether spousal support should be awarded, how it is calculated, and what options are available if one party is unable to pay or refuses to pay.
Factors Considered for Spousal Support Determination
In making a determination as to whether spousal support should be awarded, the court considers several factors outlined in Minnesota Statute Section 518.552. These factors include income of each party, property division, ability of each party to become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage, duration of the marriage, contributions made by either spouse during the marriage such as marital homemaking or childcare services rendered by one spouse for the other’s benefit; and any other factor relevant to an equitable award.
How is Spousal Support Calculated in Minnesota?
Once all factors have been considered and it has been determined that spousal support should be awarded, the court then turns its attention to determining how much spousal support should be paid. In making this determination, the court considers both spouses’ gross incomes (with certain exceptions), age, health condition and financial resources. Generally speaking, courts tend to prefer awarding periodic payments rather than lump sum payments (unless there is good cause). The purpose of periodic payments is that they can help ensure that both parties maintain their standard of living after divorce while also providing security if one party experiences a change in circumstances.
What Happens if I am Unable Pay Spousal Support?
If you find yourself unable to make your scheduled spousal support payment due to changed circumstances (i.e., job loss or illness) then you must notify your former partner immediately and file a motion with the court requesting modification of your order. If your motion is approved by the court then your obligation will likely be modified accordingly—but you must keep in mind that retroactive modification may not always be granted depending on the situation.
What Are My Options if My Ex Refuses To Pay Spousal Support?
If your former partner has failed or refused to make their required payments then you may file an enforcement action with family court. Enforcement actions typically involve garnishing wages or assets from bank accounts until such time as all amounts due are collected in full—but please note that more severe penalties may apply depending on individual circumstances such as contempt charges or criminal sanctions (in cases involving fraud).
Filing for divorce can be complicated even under normal circumstances—and when issues such as spousal support come into play things can become even more complex very quickly. At Michael Fink Law PLLC we understand this complexity and are dedicated to helping our clients navigate these difficult waters with confidence so they can move forward with their lives free from financial uncertainty. If you have any questions about filing for divorce in Minnesota we encourage you contact us today!
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Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.