For what reasons may a court award spousal support?
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For what reasons may a court award spousal support?

On Behalf of | Jul 22, 2021 | blog

As you work to settle your divorce case, you may be able to request the court to award alimony or spousal support payments. These payments help support you after the finalization of the divorce.

According to the Minnesota Office of the Revisor of Statutes, a court will only award spousal support in limited situations when it feels it is beneficial to the person receiving the payments and affordable for the person paying them. There are two general criteria the court will look at when making the decision.

Self-support

The court will look over your finances to see how both of you will do after the divorce. If the judge finds you will be unable to support yourself, then he or she may award spousal support. The judge will consider many factors, not just the money you have on hand.

He or she will consider your ability to secure employment or to secure better employment. The judge will also look into your ability to get training for a better job.

The court also considers the standard of living during the marriage and how that will continue after the divorce for each of you. The judge will look for equality if neither of you will be able to maintain the standard of living you had during the marriage.

Assets

The court may also award spousal support if it feels the property you receive in your divorce settlement is not enough for you to maintain the standard of living and to reasonably provide for your needs.

Spousal support is not a punishment. It is completely based on the financial need to ensure neither you nor your former spouse leave the marriage and enter into financial hardship while the other person is living well.