A divorce does not only legally end a marriage, but it also influences each spouse’s future moving forward. In addition to dissolving a marriage and splitting up property, a divorce proceeding includes determinations of spousal support.
Depending on your circumstances, a Rochester spousal support lawyer can help you understand what support you should expect to provide or receive. As the biggest firm in Southern Minnesota, Kohlmeyer Hagen, Law Office Chtd is ready to assist you in completing a divorce and optimizing spousal support afterward. Schedule a consultation with a seasoned family attorney today.
Spousal support—also called spousal maintenance or alimony—broadly refers to payment from one spouse to another due to the fact that the income of both spouses in one household is no longer combined.
Determining the exact amount of support necessary and how long it should be provided can be difficult. A divorce judge is responsible for figuring out an amount and plan for spousal support that fairly reflects the relationship.
According to state law, the length of the marriage affects how long support will be required. There are now brackets of 0-5 years, 5-20 years, and more than 20 years of marriage that establish default presumptions for support. A divorce ending a marriage in the first bracket has the presumption of no support, while the middle bracket carries a presumption of transitional support for up to half of the marriage duration. However, the last bracket presumes support indefinitely.
Additionally, a court must consider several factors when calculating the amount of support to be paid. These include:
An attorney can help explain how this determination of spousal support works in a Rochester court and how these factors will apply to a particular case.
At a base level, a lawyer can guide a spouse through the divorce process, including the determination of spousal support. They can also negotiate with the other spouse’s legal counsel to reach a fair agreement that the court also recognizes.
During a divorce, tempers can run high, making it difficult to be objective. An attorney can help a person manage their emotions while supporting them in resolving issues and pushing for a fair arrangement.
Legal counsel can also suggest that support arrangements be flexible to account for necessary changes, such as the employment status of one or both spouses changing in the months and years following a final divorce order. For a spouse looking for help navigating spousal support in the Rochester area, an attorney can provide legal insights and determine the best course of action for a specific case.
One of the most complex parts of a divorce is setting up spousal support for the future. Confronting uncertainty and navigating how both spouses will support each other can be a challenging task, but you do not have to do it alone.
A Rochester spousal support lawyer can support and guide you throughout the process. Seek the services of Kohlmeyer Hagen, Law Office Chtd today.
