Not every divorce case is going to include spousal support, which is also referred to as alimony. In some cases, the court may determine that the money is needed. In other cases, they may decide that a spouse does not need to be supported. What situation applies to you may be difficult to determine, so your Edina divorce lawyer can help you with that.
Your attorney can explain to you what spousal support factors may come into play in your case. You will need to know if alimony is going to be a part of your divorce so that you know whether or not to include it in your demands.
Types Of Spousal Maintenance
There are two types of spousal maintenance. They are:
- Permanent – This is the type of support a spouse may receive if the court doubts whether or not that person can become self-sufficient. There may be a number of factors at play as to whether or not that person can support themselves, such as disability or another issue that caps their earning capacity.
- Temporary – A specific amount of time support is paid is set by the court because it is deemed possible that the person can eventually support themselves. For instance, they may be able to get a different job or they can go to school to acquire a better job.
There are no guidelines within the law for spousal support. There are also no guidelines that tell the court whether to establish permanent or temporary maintenance. The court uses its own discretion by considering the following:
- The length of the marriage
- The ages of each spouse
- Education level of each
- Work experience of each
- If there is a need for spousal support
- The ability of the payer to pay
- The lifestyle lived during the marriage
Your Edina family law attorney can argue on your behalf regarding the amount of alimony that should or should not be granted. It must be proven that spousal maintenance is needed, otherwise the court may not see the need and it will not be awarded.
Spousal Support Modifications
If you are already receiving alimony and you need to have it modified, there are specific procedures that are carried out within the court that may limit your ability to modify. Sometimes, alimony orders are accompanied by what is called a Karon waiver. This waiver prevents one or both parties from modifying an agreement. If this waiver is not present, then your attorney can help you achieve what you seek to accomplish.
Edina Family Law Attorney
Going through a divorce is difficult and a time in which a lot of issues have to be taken care of. If you are unable to support yourself or you are someone being asked to pay and you can only pay so much, you need a competent and aggressive attorney working by your side. Call us today at (952) 898-6834 or fill out our contact form to schedule your free initial consultation and we will inform you of your rights and how we will fight for you so that you can protect yourself financially.