Divorce is not a one size fits all process. This means that the different elements of a divorce, including alimony, are decided on a case by case basis. In Minnesota, alimony is not automatic, but is at the discretion of the court. But what economic factors do Minnesota courts use to help determine if alimony should be awarded as well as the amount that should be granted?
The first factor considered by the court is the financial resources of the spouse who is seeking alimony. That means that the court will conduct an in-depth examination of the financial assets of the spouse in question. They will look to see what their needs are and what their financial situation really is. They will then consider if alimony, either temporary or permanent, will be necessary.
Another factor the court will examine is if the spouse will need education and training in order to give them the appropriate skills for finding a job that will let them be independent. They will also consider the spouse’s age and whether this will affect their ability to become part of the work force.
Two additional factors that the court will look at are the standard of living that the spouse seeking alimony is used to and the length of their marriage. If the spouse has had a high standard of living, the court could consider alimony as a means to allow that spouse to maintain their normal way of life. Also, if the couple has been married for a long time, it may be necessary for the spouse to receive alimony since that spouse may have to search longer to find proper employment.
Determining alimony can be a difficult component of a divorce. However, any Minnesota resident who is considering a divorce may want to speak to a family law attorney in order to determine the feasibility of requesting alimony from a Minnesota court.
Source: divorcesource.com, “Minnesota alimony“, Accessed Dec. 13, 2015