How to calculate the termination of spousal maintenance?

UPDATED: Nov 6, 2010

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Nov 6, 2010Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How to calculate the termination of spousal maintenance?

My ex-husband says my alimony installments are finished. I disagree. It states that I would get $780 a month starting 09/00 which would be reduced to $475 a month after the house is sold. At that point I would get half, then alimony would reduce to $400 a month starting 09/02 and shall end entirely upon (1) the death of either party, (2) the remarriage of the wife, (3) the 1st of January following any year in which the wife’s gross wages exceed $60,000, or (4) after 120 monthly installments. Has he fulfilled his obligation with the installments?

Asked on November 6, 2010 under Family Law, Minnesota


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

Answered 12 years ago | Contributor

Neither has died, you have not remarried nor have you increased your income to the $60,000 range, correct?  So what you two are fighting about is when to start calculating the 10 year period (120 installments would be 10 years, correct?).  He says from 9/00 (so they would be over) and you are arguing when: 9/02, which would be 9/12?  It is very difficult in this type of forum to read in to only a portion of the agreement and not to be able to understand what the intention of the parties was in entering in to the agreement in the first place.  Alimony in your state is decided by agreement or by the court if no agreement is entered in to.  And the guidelines for it ending are death and remarriage (like yours) or by order of the court. So without being able to determine the intention of you two at the time that you entered in to this agreement I would ask the court to clarify.    

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption