How to calculate the termination of spousal maintenance?

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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

Answers:

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

Answered 10 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.    


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