Can I get spousal support if my husband makes 4 times as much as I do?

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Can I get spousal support if my husband makes 4 times as much as I do?

I am trying to get a divorce but I don’t have insurance and have medical problems. I’ll get insurance in 6 months and was wondering if I can stay on his insurance until then. I also want spousal support. Does the fact that I cheated play any factor in being awarded support?

Asked on April 15, 2012 under Family Law, Alaska

Answers:

Maury Beaulier / Minnesota Lawyers.com

Answered 8 years ago | Contributor

The answer to your question is not a simple one.  Although on its face, it would seem as if some spousal maintenance is likely, it would require a review of all circumstances surrounding the case.  Unlike Minnesota's child support statutes, there are no percentage guidelines to determine when spousal maintenance is appropriate or at what level. In Minnesota, trial courts have broad discretion in deciding whether to award maintenance and in determining its duration and amount. As a result, spousal maintenance often becomes one of the most contested issues in divorce proceedings.

Currently, spousal maintenance awards are granted pursuant to Minnesota Statutes § 518.552 if the spouse seeking maintenance demonstrates that he or she:

(1)     lacks sufficient property, including marital property apportioned as part of the divorce to provide for the reasonable needs of the spouse considering the standard of living established during the marriage, especially, but not limited to, a period of training or education; or
(2)     is unable to provide adequate self-support, after considering the standard of living established during the marriage and all relevant circumstance, through appropriate employment, or
(3)    is the custodian of a child whose condition and circumstances make it appropriate that the custodian not be required to seek employment outside the home.

In determining the amount and duration of spousal maintenance, Minnesota statutes require that Courts address all relevant factors. The statute specifically identifies the following as relevant issues in determining spousal maintenance:

    (1) The financial resources of the spouse seeking maintenance;
    (2) The amount of time that is necessary for the spouse seeking maintenance to acquire necessary skills or education to find appropriate employment;
    (3) The age and physical and emotional health of the recipient spouse;
    (4) The standard of living established during the marriage;
    (5) The length of the marriage;
    (6) The contribution and economic sacrifices of a homemaker including loss of seniority, retirement benefits and other employment opportunities foregone while working at home
    (7) The financial resources available to the spouse from whom maintenance is sought.

No single factor is dispositive and the Courts must weigh all factors giving appropriate weight to each. 

For a consultation call 612.240.8005

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You hail from Alaska, correct?  It is my understandng that it is very difficult - but not impossible - to get alimony or spousal support as it is called, in Alaska.  The courts can award it on a temporary basis.  There are two types: restorative and rehabilitative.  Fault - such as an affair - is not supposed to play a part in getting support.  Please speak with an attorney. 


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