The Ins and Outs of Spousal Maintenance with Attorney Michelle KniessAug 04, 2022
Have you listened to the doing divorce differently podcast? My goal with each episode is to alleviate your fear of divorce and do it a different way. Each episode features candid conversations to take the fear out of Divorce, so that you will be empowered to heal through your divorce!
The Doing Divorce Different Podcast
On one of our latest episodes we talk to Attorney Michell Kniess about the ins and outs of spousal maintenance. Michelle shares her knowledge of Spousal Maintenance/ Alimony in Minnesota and Wisconsin on Doing Divorce Different. Whether you are working together with your spouse through the mediation process (or needing an attorney to advise) Spousal Maintenance is an important issue in many divorces.
Michelle says when clients come to her to learn about spousal maintenance they need to review and decide the amount, the duration and whether or not it is modifiable. Each Spousal Maintenance situation is very unique. There are many factors in determining spousal maintenance. Some of them are:
- the length of the marriage
- the earning capacity
- the standard of living during the marriage
Courts always want the person receiving maintenance to help themselves to the extent they can when support is an issue. Michelle stated it beautifully when she talked about what your plan was during your marriage. Was one party planning to stay home more with the children while the other built their career. All of these factors affect how Spousal Maintenance is determined. The bottom line, it is based on the need of one party and the resources of the paying party.
When I work through mediations with clients we begin with each parties budget and what they think their future budget will be. Then we look at what each parties net income is. Once we have this we have a better understanding of what one party needs and what the other can afford.
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