Spousal Maintenance Factors. January, 2019

Spousal Maintenance Factors. January, 2019

There are eight factors to be considered in determining spousal maintenance. The Minnesota Supreme Court overturned a case on January 14, 2019 because the District Court focused solely on one factor: the fact that the wife had suffered from depression. It is not uncommon for people to focus on only one factor when debating spousal maintenance. Some focus only on a spouse's ability, or inability, to work. Others focus solely on a party's ability to earn more income and others on a spouse's budget.

This decision offers a good explanation of the law which requires a more in-depth analysis of all 8 factors before determining the right amount and duration of spousal maintenance.

These factors include: (1) financial resources of the party seeking maintenance; (2) time needed to acquire education or training to find appropriate employment and the probability of finding employment; (3) marital standard of living;(4) duration of the marriage and length of absence from employment; (5) loss of earnings and employment opportunities; (6) age, physical, and emotional condition of the spouse seeking maintenance; (7) ability of the spouse from whom maintenance is sought to pay; and (8) contribution of each party to the marital property.

To read the entire decision please click on the link below. For more personal advice on your situation, please contact us.

https://mn.gov/law-library-stat/archive/ctapun/2019/opa180131-011419.pdf