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Amount and duration of spousal maintenance in Minnesota

Alimony is not uncommon in divorces where there are significant disparities in income. Courts award alimony, also referred to as spousal maintenance, to limit the economic hardship to the lower-wage earning spouse. To decide on the amount of alimony, the court often considers a number of factors. The court also has broad discretion when awarding alimony. Minnesota couples considering divorce might find the following piece on spousal maintenance helpful.

In 2008, actor John Cleese divorced Alyce Fay Eichelberger, his wife of 16 years. According to the terms of the couple's divorce agreement, Cleese agreed to provide his ex $13 million in cash and assets and approximately $1 million a year in spousal support. In order to pay for the multi-million dollar divorce, the former "Monty Python" star recently began selling off his film and TV memorabilia. The couple did not have a prenuptial agreement.

In Minnesota, spousal maintenance is governed by state statute. Unlike child support, which is strictly calculated, there is no mandatory spousal maintenance calculator. Rather, the court will think about a number of statutory factors when considering alimony, such as the financial resources of the parties, the standard of living during the marriage, the duration of the marriage, whether one party was a homemaker, and the length of absence from work.

In addition to the amount of the award, the court also has broad discretion over the length of spousal maintenance payments. Spousal maintenance is either temporary or permanent. Temporary spousal maintenance is designed to provide support while a spouse reenters the workforce. Permanent maintenance is awarded when a spouse has little chance of becoming self-supporting. In Minnesota, the court does not consider fault when calculating alimony.

Source: Huffington Post, "John Cleese, 'Monty Python' Actor, Selling TV And Film Memorabilia To Defray Divorce Costs," January 22, 2013

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