Factors that Affect Whether you Might Receive Alimony

On Behalf of | Aug 16, 2021 | Family Law

Financial security after divorce can be a primary concern for anyone about to end their marriage. And it can be especially troubling for someone who was financially dependent on their spouse.

However, while your finances will change, options like pursuing spousal maintenance (sometimes referred to as “alimony”) can make the transition out of divorce easier for you and your bank account. Thus, knowing the factors that can influence spousal-support decisions can help you assess your situation and options.

Factors that can work in your favor

If you are seeking spousal support, some factors will improve your chances of receiving it in Minnesota. These factors might include:

  • Having left a career during your marriage to take care of the children and home
  • Providing support while your spouse went to school or professional training
  • Being married for a long time
  • Having a prenuptial agreement that orders your ex to pay alimony
  • Being at a significant financial disadvantage because of divorce

These circumstances can make it more likely that a person will be eligible for support and receive it upon request.

Factors that can work against you

On the other hand, some factors may compromise your efforts to pursue spousal maintenance. For instance, a person may be less likely to receive support if they:

  • Have significant nonmarital assets
  • Are capable of financially supporting themselves
  • Were only married a short time
  • Are seeking support from someone who does not have the means or resources to pay

These factors can support an argument against maintenance because there may not be a need for support. Alternatively, they can show that the person from whom maintenance is sought is unable to pay.

No guarantees when it comes to support

Understand that these are general guidelines for when the courts may or may not order spousal maintenance in a Minnesota divorce. There are no guarantees when it comes to whether a person will receive spousal support.

Because of this, individuals seeking support will want to work with their attorney to make their case as strong as possible. Parties can then reach an agreement through mediation or take their case to court for a ruling. Questions? Contact Dave Meier at 651-738-3433.