How long should an ex-spouse be required to pay alimony?

Alimony, also known as spousal maintenance, is often one of the most contentious issues in a divorce proceeding. What readers may not know is that in nearly every state, alimony can be made permanent. While alimony has long been a source of frustration for high-income spouses, the permanent nature of such awards is particularly controversial. In response, a number of states are beginning to reconsider alimony laws to remove permanent support as a possibility in divorce proceedings.

Alimony is a form of support sometimes awarded to a spouse as part of a divorce decree. When spousal maintenance payments are ordered, the higher-income spouse is required to make payments to the lower-income spouse. Unlike child support in Minnesota, alimony is not set by strict statutory guidelines. Rather, the amount, duration and whether to award alimony is entirely within the discretion of the judge presiding over the divorce proceeding.

Under Minnesota Statute § 518.522, which governs spousal maintenance awards, the court can grant alimony if it finds any of the following:

•· The spouse seeking the award lacks sufficient assets, including property obtained in the divorce, to maintain the standard of living acquired during marriage; or

•· The spouse seeking the award is the custodial parent whose conditions make working outside the home impossible or otherwise difficult; or

•· The spouse seeking the award is unable to provide for himself or herself.

Of all the states in the nation, Massachusetts is currently the only state that does not provide for permanent alimony. While more states are beginning to consider ending permanent spousal maintenance, Minnesota is not one of them. In Minnesota, it is still possible for the higher-income spouse to be required to pay alimony payments permanently. Therefore, negotiating settlement alternatives to paying alimony may be in one's best interests when going through a divorce, lest you end up being stuck with alimony payment on a permanent basis..

KMSP-TV, "Should Minnesota end permanent alimony?" Seth Kaplan, April 25, 2013