May 23, 2013

Divorce Alimony: How Much for How Long?

MoneySpousal maintenance, or alimony, is one of the most difficult issues in divorce. How much? How long? Can it be modified? These are the questions that must be answered by divorcing couples. Faced with having to support two households rather than one, money is usually tight. Both parties wonder if they’ll have enough, creating fear all around.

Clients ask me, “What would a judge do in my case?” The Minnesota spousal maintenance statute instructs the court to “consider “all relevant factors, including” and lists eight such factors. Predicting how a particular judge will apply the statute in a particular case is impossible. Looking at previous decisions in other cases involving the issue of spousal maintenance can also prove frustrating. Few cases are actually decided by the courts, and the facts in every case are unique, making comparison difficult.

Minnesota is not alone in its lack of guidance on this issue. A recent article in the Wall Street Journal reported that several states are currently considering proposals to amend alimony laws. Some of the proposed changes include creating formulas to determine the amount and duration of spousal support. Others call for an end to permanent alimony altogether. While consistency and predictability are admirable goals, I question whether new legislation will produce fairer outcomes. Asking a judge to apply the law can be frightening. Having to live with a third-party’s decision can create resentment.

So how can divorcing couples resolve this difficult issue without giving up control of the outcome? The Collaborative divorce process uses interest-based negotiation to guide discussion of spousal maintenance. A financial neutral (hired jointly by the parties) guides them, using the following steps:

  1. Help both parties identify their goals and interests
  2. Gather all relevant information regarding income and budgets
  3. Generate settlement options
  4. Evaluate settlement options
  5. Put the agreement into writing

The Collaborative process requires full disclosure of all financial information by both spouses and encourages honest, respectful discussion. Because both parties have actively participated in the creation of their support agreement, they can move forward with less fear and resentment. This process represents the best way I have found for divorcing couples to resolve this challenging issue. To learn more, contact me or visit the Collaborative Law Institute of Minnesota website.

Hollis K. LundquistABOUT THE AUTHOR
Holly Lundquist
Attorney, Lundquist Collaborative Law, PLLC

Holly Lundquist has spent the past 30+ years helping families navigate the challenges of divorce. For the past ten years, her primary focus has been Collaborative Practice which provides transitioning families a safe place in which to have the often-difficult conversations regarding their children, finances and future relationship. Learn more about her practice at www.LundquistCollaborativeDivorce.com

Tagged with:

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>