How Much Support Will I Pay?

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HOW MUCH

SPOUSAL SUPPORT
WILL I PAY?

JASON KOHLMEYER
MINNESOTA FAMILY LAW ATTORNEY

When two people are married, it is not uncommon for one spouse to significantly out-earn the other. Sometimes this occurs because of a discrepancy in skills or education, while in other situations, the couple has consciously made choices to have one spouse stay home and care for the household while the other earns the money for the family. To ensure that neither spouse experiences a significant decline in his/her quality of life after the marriage has ended, spousal support may be ordered when a couple divorces. Traditionally, spousal support or alimony was paid by a breadwinner husband to a stay-athome wife since women often did not work and men earned all of the income. Today, however, spousal support can be paid by either a higher-earning husband or by a higher-earning wife depending upon the couple’s individual financial circumstances. A determination on the amount of spousal support that must be paid after a divorce is an important part of the divorce process. Decisions on spousal support can affect how property is divided among the parties and can have a profound impact on the life each spouse leads after the divorce has been finalized.

The main question that a higher-earning spouse has during the divorce process is how much support he or she will be obligated to pay. The answer to this question is going to depend upon many different factors.

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First and foremost, there is the question of how the support amount will be decided. There are several different possible methods of determining how much support will be paid: A premarital or post-marital agreement may contain limitations on spousal support or information on the amount of spousal support to be paid. Premarital and post-marital agreements are contracts the couple enters into either before or during the marriage that control the division of property and assets. While traditionally alimony could not be waived in premarital agreements, many states now have laws specifically permitting this type of waiver. While the state of Minnesota has no law specifically addressing the waiver of alimony in a premarital agreement, past cases indicate that this waiver can be valid. If the agreement dictates a limitation on spousal support or sets an amount of spousal support that will be paid out, then the agreement likely will be enforced provided all of the requirements were met when the premarital or post-marital agreement was drafted and signed. Couples may negotiate spousal support/alimony out of court If no prenuptial agreement exists, the spouses may still be able to come to an agreement about spousal support without asking a judge to decide the issue for them. This is possible if the couple decides to negotiate an out-of-court divorce settlement to resolve the issues in the divorce.

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Out-of-court negotiations can often result in a divorce settlement agreement that everyone is happier with. Negotiating such an agreement can be less stressful than an acrimonious litigated divorce, and it can also be cheaper and faster. While it may seem difficult to come to an agreement with a spouse that you are divorcing, many couples are able to successfully negotiate property division and issues of alimony/spousal maintenance. Having the help of an experienced divorce attorney is one way to increase the chances of successfully coming to an out-ofcourt agreement. Participating in a collaborative divorce or going to mediation with a skilled mediator to facilitate communicate may also be helpful. If it is possible for the couple to agree on the issue of alimony while negotiating a divorce settlement, the court should give effect to this agreement and this will be the amount of support that is required. A judge may make a decision on the amount of alimony to be paid If a couple cannot agree and if there is no controlling pre or post marital agreement, then the divorcing spouses can litigate the issue and the judge assigned to the divorce case will make the decision on how much is to be paid. The court will award alimony or support on either a temporary basis, to give the lower-earning spouse time to re-enter the career force or undergo job training, or on a permanent basis. Even permanent

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support doesn’t last forever- death or remarriage can put an end to the support obligation. The amount of support that must be paid on either a temporary or a permanent basis is determined by considering economic factors including: The financial resources of the party seeking support. Any training or skills that the party seeking support has that would allow him/her to find appropriate gainful employment. The probability that the person seeking support would actually be able to get a job, based on both skills, age and educational experience. The standard of living that was established while the couple was married. The length of time that the marriage lasted. Earning opportunities foregone by the spouse seeking support (such as the spouse remaining at home to take care of children). The health condition of the spouse seeking support The ability of the paying spouse to provide support The contribution each of the spouses made to acquiring marital assets Based on careful consideration of all of these factors, the court will determine the appropriate amount of support that the recipient spouse is entitled to. The spouse ordered to pay must pay as required by the court or faces serious consequences.

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The outcome of a decision on support can have a profound impact on both the recipient spouse’s finances and on the paying spouse’s finances. It is essential that all parties involved have a qualified and experienced divorce attorney providing assistance during the divorce process to ensure that the decision on support is fair and reasonable.







If you make more money than your spouse, it is natural to be worried about the amount of support that you are going to end up paying to your ex-husband or ex-wife.
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About the Author
Jason Kohlmeyer
One of the founding partners of Rosengren Kohlmeyer, Law Office Chartered, Jason has already had a distinguished career that many lawyers would be envious of. While at Hamline University School of Law, located in St. Paul, Minnesota, Jason was elected to sit on the American Bar Association-Law Student Division’s Board of Governors. Despite rigorous demands traveling the country representing the law students of 8 states he still made the Dean’s list while at Ham line. During law school, Jason was a certified prosecutor under the MN Supreme Court’s Certified Student Attorney Rules. Prosecuting for Dakota County, the then fastest growing county in Minnesota, Jason prosecuted nearly every offense in Minnesota including criminal sexual assault, 5th degree assault, a variety of drug crimes as well as first-degree murder.

Rosengren Kohlmeyer Law Office 150 St. Andrews Court, Suite 110 Mankato, Minnesota 56001 www.RokoLaw.com

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