We often have cases where one party has been a stay-at-home parent and has not worked much, if at all, during the marriage. The question is – what about spousal maintenance? There are a number of factors that the court will look at when determining if a party should be awarded spousal maintenance. One of the factors in determining spousal maintenance is the standard of living the parties enjoyed during the marriage. Oftentimes, one party is only working part-time and wants to be awarded spousal maintenance because of it since that was the standard during the marriage.

In a recent Minnesota appellate case, the court held that a wife who had worked very part-time as a hair stylist during the marriage had the capacity to work full-time. As a result, the court only awarded her temporary spousal maintenance – for a period of time the court found would be necessary for her to get back into the workforce on a full-time basis.

When one spouse works only part-time during the marriage, this does not mean a court will allow the spousal to maintain this work schedule after the dissolution by awarded spousal maintenance in an amount that will allow this to continue. The court will also focus on each parties’ ability to support himself or herself through full-time employment and try to construct a final order that takes into account all of these factors as well as the length of the marriage and other statutory requirements.

Spousal maintenance is an increasingly difficult issue in dissolutions. Our attorneys work with clients where spousal maintenance is an issue that needs to be resolved in a dissolution.

Cooper Law, LLC is unique because we offer sliding scale fees for people of modest means and our attorneys have years of experience. Call us at (612) 568-4529 for a free telephone consultation today.