Attaining Fair Spousal Maintenance
After a divorce, one of the ex-spouses may need some additional support to get on their feet while adjusting to their new independent life. Spousal maintenance can help a spouse get the resources they need to move forward after their separation, but it often takes the guidance of a skilled divorce attorney to secure the fair value they deserve in their support.
At Smith Family Law PLLC, Minnesota attorney Tara Smith offers her clients the skillful and assertive representation they need to secure the results they deserve in their divorce. Tara is exceptionally good at helping both husbands and wives secure the spousal support that they need, based on the facts of their marriage.
What Should You Receive In Support
In Minnesota, there is no set value that a spouse will receive for support in a divorce. Instead, a court will determine alimony based on factors such as:
- How long the marriage lasted
- The standard of living the spouses shared
- The earning potential of each spouse
- The loss of career opportunities the spouse seeking alimony experienced in their marriage
- Each spouse’s marital contributions
A court will also consider the length of the alimony and develop either a temporary, short-term or permanent order for alimony.
Tara’s goal as your divorce attorney is to see you attain the alimony order that most accurately reflects the reality of your marriage, which she pursues by gathering and presenting necessary evidence, such as pay stubs, witness testimony and other supporting documentation.
Defending Against Unwarranted Spousal Support Claims
When each spouse must now support their own household, the worry of any added expenses can be overwhelming for both spouses. Also known as alimony or spousal support, spousal maintenance can offer a respite of financial support either during or following divorce or legal separation. If contested, however, when a spouse may start to receive or pay spousal maintenance is not clear under Minnesota law. Courts first have discretion over determining whether to even award spousal maintenance based on several factors, including a party’s need based on the marital standard of living; the payor’s ability to pay while still meeting their own needs; the length of the marriage; and each spouse’s work history. If spousal maintenance is appropriate, the court next has discretion over how much to award and for how long. Because of the uncertainty surrounding a court’s determination, any requests for spousal maintenance often have better results when negotiated and settled between spouses.
A spousal maintenance lawyer, also known as an alimony lawyer, must be aware of this process. At Smith Family Law PLLC, Tara Smith recognizes that because the issue of spousal maintenance remains one of the most controversial areas of family law, you will have important questions and concerns about how a request for spousal maintenance may impact you, either as a recipient or payor. She will take the time to listen, give you honest feedback, and provide thoughtful analysis if needed to either support or defend a spousal maintenance claim. Tara represents and guides clients through every phase of spousal maintenance matters, including gathering relevant information, mediation, negotiation, settlement, and, when necessary, litigation.
Get The Support You Need
There is nothing wrong with pursuing alimony after a divorce. If your spouse or their lawyer is pressuring you into giving up any amount in your alimony, do not make a single decision without consulting an attorney of your own first.
You can schedule your free initial consultation at Tara’s Edina office by calling (612) 474-2477 or emailing her here. The sooner you reach out to her firm, the sooner she can help you defend your needs, so call today.