Category: Family Law
Will I Get, or Have to Pay, Alimony?
February 20, 2013 | Elizabeth A. SchadingIn Minnesota, alimony is known as “spousal support” or “spousal maintenance.” There are few hard and fast rules where spousal support is concerned. It won’t be a factor at all in some divorce cases, and it’s difficult to predict for sure whether it will be a factor in yours, or what kinds of numbers you might be looking at. There are, however, some common scenarios that trigger spousal support considerations. The first is a large disparity in income between you and your spouse. If one spouse makes $100,000.00 per year and the other makes nothing, then spousal support is almost certain. The second “trigger” would be a long marriage period. Again, there’s no hard and fast rule, but the dissolution of a 30 year marriage is more likely to result in the payment of spousal support than the dissolution of a marriage of 5 years. The courts take many factors into account before awarding spousal support. Spousal support also may or may not last forever. There are temporary awards, meant to get one spouse “back on their feet” before moving into independence, and there are permanent awards which are awarded for life, typically when such a move into independence seems unlikely. The age and skills of the spouse who might be awarded spousal…
Read More3 Things to Consider Doing If You’ve Moved Out of the Marital Home
February 14, 2013 | Elizabeth A. SchadingWhile we don’t often counsel people to move out of their marital homes, some people have already made the move long before they have reached us or our website. If this is you, then your situation isn’t hopeless – there are still things you can do to strengthen your position in your case. 1. Consider Visiting Your Children Often The amount of time that you are with your children now could have an enormous impact on your parenting time later. Don’t expect a great outcome if you didn’t see or speak to your kids for six months after moving out of the marital home. Make sure that you document each visit. Consider taking some photographs, but keep a detailed diary of dates, times, and activities, too. 2. Consider Taking some Photographs Take a photo inventory of the marital property. That’s anything that isn’t clearly and definably yours. If you’re not sure what that covers, then assume it’s anything that isn’t your clothing and toiletries. Absent an agreement with your spouse, be mindful of what items you take if you’re the spouse that’s moving. Taking a few towels and a set of sheets is probably not an unreasonable move. Clearing out the house and leaving your spouse and kids to do without won’t be…
Read MoreHow Can I Protect Myself Financially During a Divorce?
February 11, 2013 | Elizabeth A. SchadingWhile divorce will undoubtedly change your financial position, there are ways that you can reduce the financial danger, especially if you and your spouse have racked up lots of debt. As we covered in a previous article, debt can become a very sticky situation during a divorce. These steps will help you avoid making the situation worse. Start by checking your credit. It’s common for divorcing spouses to discover that there are debts they never knew existed. You and your divorce attorney can’t devise a strategy if you don’t know the full story. Pull a copy of your credit report so you can obtain a complete financial picture. If possible, it would be a good idea to discuss closing credit accounts with your spouse before cutting off your shared lines of credit so that you do not increase the rancor between you by placing your spouse in an embarrassing situation where he or she tries to swipe a credit card that no longer works. Unless unavoidable, you should avoid taking out any new debt, as well, even if it is only in your own name. Some who are divorcing will find that bankruptcy is their only option for securing a fresh start and a secure financial future. It’s sometimes a good idea for…
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