Reviewing Alimony With A Family Law Attorney In Rochester, MN

by | Feb 9, 2018 | Lawyer

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In Minnesota, divorce petitions include requests for alimony in some cases. The spousal support is a monetary payment provided to a spouse and offered for a predetermined duration. The requesting spouse is required to meet specific eligibility requirements. A Family Law Attorney in Rochester MN can explain alimony and all related factors.

What Type of Alimony is Awarded?

First, temporary alimony orders are provided until the divorce is finalized. Short-term alimony payments are paid to supplement a spouse’s income while they attend school. Long-term and/or permanent alimony is paid throughout the former spouse’s life.

Eligibility for Alimony

Temporary support payments are required to help a spouse transition through the divorce. Military members are required to provide the payments until the final decree is issued.

Eligibility for short-term payments is based on the spouse’s ability to support themselves. The payments are made until the spouse completes job training programs or receives a college degree. The payments stop, once the spouse increases their earning capacity.

Long-term alimony is awarded to spouses who were married over ten years. The only exception is a disability and/or other condition that prevents the spouse from supporting themselves. A common provision stops the alimony payments if the spouse remarries.

Is There a Cap on Alimony Payments?

No, the alimony payments aren’t capped. The income of the opposing spouse defines a fair and reasonable value. Laws prevent the combination of alimony and child support payments from exceeding sixty percent of their former spouse’s income.

What is Defined as a Reasonable Need?

Spouses who request alimony must provide evidence of a reasonable need for the payments. Alimony isn’t used to punish the opposing spouse. It is provided to prevent a financial hardship for the requesting spouse. Alimony isn’t provided if each spouse has the same earning capacity.

In Minnesota, alimony is awarded to spouses that have a reasonable need for the payments. It is paid on a temporary, short-term, or permanent basis. The judge designates a fair value for the payments based on the earning capacity of each spouse. Petitioners who need assistance from a Family Law Attorney in Rochester MN Browse the Site for more information today.