PLM Family Law

Misconceptions regarding spousal support

According to the World Population Review, approximately 10.2% of people in Minnesota get divorced each year. When you go through a divorce, one area that might cause confusion is the issue of spousal support, commonly known as alimony. There are many misconceptions surrounding this topic, which can lead to unrealistic expectations or concerns.

It is important to understand the actual laws and practices regarding spousal support in Minnesota to ensure you have a clear picture of what to expect during your divorce proceedings. Spousal support is not a guaranteed part of every divorce and its determination depends on several factors.

Misunderstanding spousal support

One of the biggest misconceptions is that spousal support is either always or never granted in a divorce. The truth is that the courts look at each case individually to determine if spousal support is appropriate. Another common misunderstanding is about who is eligible for spousal support. It is not always the wife who receives it; either spouse can be the recipient based on their needs and the other spouse’s ability to pay.

Types of spousal support

There are different types of spousal support that the court may award. The courts provide temporary support during the divorce process, short-term support is for a limited period post-divorce to allow the recipient time to become self-sufficient, and long-term or permanent support is for cases where the recipient is unable to become self-sufficient due to age, disability or other significant factors.

Factors influencing spousal support

Several factors influence the decision to award spousal support. The court considers the length of the marriage, the standard of living during the marriage, each spouse’s financial resources and needs and the time it would take for the recipient to gain sufficient education or training to find appropriate employment.

Misconception about support modification

Many believe that once the court sets spousal support, it cannot change. However, if there is a significant change in circumstances, either party can request a modification of the spousal support order. For example, a change in income, employment status or living conditions could warrant a modification.

Understanding the realities of spousal support in a divorce is important. With this knowledge, you can approach your divorce proceedings with a clearer understanding of what to expect regarding spousal support.