Am I Entitled to Spousal Support/Alimony?

March 5, 2014  |  Elizabeth A. Schading

Nobody is necessarily “entitled” to spousal support—spousal support awards are always at the judge’s discretion. However, there are a few “tests” that can be applied to your specific case to determine whether or not it is likely that the courts will award spousal support for your Minnesota family law case.
First, there’s a means test. Will you have enough income/resources to provide for your needs without spousal support? The means test would include your assets after marital property is divided, your employment or income, and any non-marital property that you may have.

Family Law

Second, there’s an ability test. Are you able to generate income? If you’re at home caring for a special needs child, or if you’ve been a homemaker for twenty years and don’t have the education or training to secure gainful employment you may be a candidate for spousal support.
Alimony in MNIn addition, spousal support doesn’t necessarily last for the rest of your life. It may only last for enough years to get you the education and training that you need.
If you’re a candidate for spousal support at all there are still a number of factors the judge will consider before awarding an amount. Those factors include the length of time that you’ve been married, the standard of living that you had during your marriage, your age, your physical condition, and the contributions of each spouse in addition to the means test previously discussed. And, your spouse has to have the ability to support you.
If you feel that you need spousal support it’s time to start talking to a qualified family law attorney. A qualified family law attorney can help you put your best foot forward and present your best case for spousal support in court. Spousal support is a highly subjective matter, so it is absolutely vital that you have real legal expertise on your side.
Why not call BGS? We’ve got over 75 years of family law experience. If you’re in the Twin Cities metro area, call us today to schedule your consultation.