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Understanding Spousal Support

Spousal support can be a contentious topic between divorcing spouses. Most people want to know whether they’ll have to pay or receive spousal support, and what might affect that determination.

Spousal support is designed to ensure the lower-earning spouse’s standard of living doesn’t decline too much—at least until they’re able to support themselves. Here’s what you need to know about spousal support in Minnesota.

Who gets spousal support?

Remember, you and your spouse can always agree on a support amount and who pays—but if you can’t agree, you will need to present evidence to the court and have a judge decide. In Minnesota, judges have leeway to award spousal support if the lower-earning spouse doesn’t have enough assets to provide for their needs, cannot support themselves or their child’s care needs make it impracticable to work outside the home.

Spousal support can be awarded on a temporary or permanent basis. Judges do not consider marital misconduct such as infidelity, but will take into account “all relevant factors.” This includes but is not limited to:

  • The supported spouse’s financial resources
  • Age and physical wellness
  • How long it will take for the spouse to become self-supporting, taking into account age, skills and work history
  • How long the marriage lasted and the standard of living the couple had
  • Whether one spouse will lose retirement benefits, loss of earnings and other employment opportunities
  • Whether one spouse gave up employment opportunities to be a homemaker
  • Whether the supporting spouse can afford to pay
  • Each spouse’s contribution to marital property, homemaking or a family business

Therefore, spousal support is determined on a case-by-base basis. The best way to find out whether you’ll need to pay or receive support is to talk to an attorney about your options, and negotiate an agreement with your spouse, if possible.

For help with your divorce and spousal support questions, call the knowledgeable divorce lawyers at Appelhof, Pfeifer & Hart, P.A. in St. Paul, MN.

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  • "Tori had a thorough understanding of my situation and made excellent recommendations to resolve my concerns. She was persistent on communication and handled everything in a very timely manner. I would definitely hire her again in the future if needed." - M.K.

  • "With Appelhof, Pfeifer & Hart, P.A., it is like having a family physician. They are all knowledgeable, thorough, comforting, and the only call I need to make for all my legal needs for many years to come. No matter what the matter, I totally trust their advice and commitment to me and my family." - J.N.

  • "Mary from APH Law helped me thru a difficult divorce. She and the entire staff was there for me every step of the way helping me on what to do next. They listened to what I wanted and helped me achieve what matter the most to me in the divorce settlement." - Dana C.

  • "I chose APH after my initial consultation with Mary. I felt my best interest would be represented. The entire process went excellent, the attorneys and staff communicated effectively and efficiently with me throughout the process as they needed to. Being new to the legal process and verbiage, they walked me and talked me through the next steps and the jargon, I felt completely comfortable and represented. I hope I never have to use legal services again but if I do I will call Mary at APH Law and know that I will be taken care of." - Jeff M.

  • "Divorce is a time of emotion and stress. Mary Pfeifer , My lawyer was professional and compassionate. She was very informative through the process. Her insight helped me in my decisions. She worked hard to obtain a settlement which was fair to both parties. Though, I hope I won't need her help again. It is reassuring to know a good person that is willing to help." - Rod S.

  • "I first came to Ms. Jacquelyn Lutz of Appelhof, Pfeifer and Hart in October of 2016. It was definitely the worst time in my life and she compassionately spoke with me about my options. Ms. Lutz thoroughly explained the laws, statutes, process and what to expect going forward. What was supposed to be one case, turned into three intricate cases that took a huge toll on me and my family. Ms. Lutz represented me in court on all three cases with a vast knowledge of the laws and how to proceed accordingly. During all three cases she kept me informed, calm, gave me resources to utilize, and (most important) gave me a realistic view of what may come next. Ms. Lutz knew each case required a great deal of knowledge and creative thinking on how to legally proceed forward with each case. My family and friends are forever grateful for the amazing representation by Ms. Lutz. I highly recommend Ms. Lutz for anyone needing or considering superb representation for any kind of family law. " - M.H.

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