Is it reasonable for a 16 year stay-at-home mother in a 20 year marriage to ask for “permanent” spousal support?

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Is it reasonable for a 16 year stay-at-home mother in a 20 year marriage to ask for “permanent” spousal support?

Asked on June 5, 2012 under Family Law, Minnesota

Answers:

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

Answered 9 years ago | Contributor

It is my understand =ing that the coruts in Minnesota have broad discretion in awarding spousal support.  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; 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.  The court will look at the financial cituaitoon of the parties, of the marriage (standard of living during same), age of the parties - many things to determine if permanent support is warranted.  If there  is a question of wehter or not support is warranted it should be resolved in favor of support.  Get legal help there.  Good luck.


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