This is an agreement in which Spouse A (the spouse who is ordered by the court to make alimony and/or child support payments to Spouse B) must put assets (the principal) in a trust, from which the payments are made to Spouse B.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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Example: If you and your spouse bought a house together after getting married, and paid the mortgage from earnings, the law says the house is a "marital asset." In the divorce, each spouse is entitled to a "fair and equitable share" of all the marital assets.
Unlike child support, there is no standard formula for calculating spousal support in Minnesota. In general, however, the longer you've been married, and the greater the disparity in earning capacity between the spouses, the more likely it is that a substantial maintenance award will be made.
For traditional marriages of 25 or more years, an award of ?permanent? spousal maintenance is likely (assuming a sufficient need, ability to pay, and disparity of incomes).
The court will determine how long you or the other party will receive alimony. If you have been married for 20 years or longer, there is no limit to how long you can receive alimony. However, if you were married for less than 20 years, you cannot collect alimony for more than 50% of the length of the marriage.
The easiest way to get out of paying alimony is to have a frank discussion with your spouse about your situation. You may be able to reach an agreement between yourselves (even if it requires a little negotiating). You can also show the court that your spouse is perfectly capable of supporting him- or herself.
Permanent spousal maintenance will terminate once one or the other spouse dies, a remarriage occurs, or by future court order. It is important to understand that a permanent spousal maintenance award may change if the obligor (person ordered to pay maintenance) chooses to retire from working.
Alimony Under Minnesota Law: Key Points Alimony can be awarded temporarily or permanently. Once alimony is granted, it will generally only be terminated if the receiving spouse remarries, dies, or the court order ends. However, current alimony reform laws allow spouses paying financial support to request modifications.
Recently, Minnesota has undergone an alimony reform. There are four main kinds of spousal maintenance that a person can get in the state-lump sum, non-modifiable, permanent and temporary. The reform gives former spouses a way to change a permanent spousal maintenance payment under special circumstances.
