Is There a Presumption of Spousal Maintenance in Minnesota? If you are the higher income earner out of you and your spouse and you’re in the process of divorce, you might feel that it’s inevitable, or at least assumed, that you’ll end up paying spousal maintenance (which you might know under the name “alimony”; the two are the same thing).  It’s true that in some states, like Florida, courts will presume that spousal maintenance will be awarded if the marriage was of sufficient duration.  However, in Minnesota, there is no presumption either for or against alimony. Instead, courts will weigh up […]

Read more ›

Can you waive alimony through a Minnesota prenuptial agreement? In many divorces, alimony and acrimony go hand in hand:  the biggest fights often revolve around how much, if any, money one spouse should pay to the other following the divorce.  Alimony, a.k.a. spousal maintenance, a.k.a. spousal support, is generally awarded at the discretion of the judge and is intended to provide support for a spouse who may have insufficient income to support himself or herself after the breakup of the marriage.  But if you’re already planning to execute a prenuptial agreement to protect your property and/or limit the amount of […]

Read more ›

The news of Alimony’s death (technically called spousal support or spousal maintenance in Minnesota) in Minnesota has been greatly exaggerated.  Alimony is alive and well in Minnesota and is often the most difficult area of family law to deal with.  Why you ask? Well, it’s because there are no hard numbers, no “alimony calculator” that we can punch in to get precise amounts.  Most of it is done by experience and what “feels” like a fair settlement.  One thing to point out is that alimony does not equal a pure 50-50 division of income. The only guidance we tend to […]

Read more ›