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How to maximize a spousal maintenance award: How to receive the most alimony in Minnesota

Spousal maintenance or alimony is based upon a spousal maintenance recipient’s need and an obligor’s ability to pay.  Spousal maintenance can be maximized by the following:

Identifying your monthly living expenses.

The need of a spousal maintenance recipient is generally based upon their reasonable monthly living expenses consistent with the marital standard of living.  Day to day life can be very expensive and some folks may forget certain living expenses.  Monthly expenses may include but are not limited to:

Household
Mortgage/ Second Mortgage/ HELOC
Rent
Real Estate Taxes
Association Fee
Gas + Electric
Water and sewer
Home repair
Home cleaning/Supplies
Home/ Rental Insurance
Cable TV/Internet
Security System
Local/long distance telephone
Cell Phone
Yard/Landscape services/ supplies
Snow removal services/ supplies
Pest Control
Personal
Clothes and footwear
Personal hygiene/hair/skin/nails
Groceries
Electronics/maintenance
Software/laptop/etc
Laundry services/supplies
Dry- cleaning and alterations/repairs
Entertainment
Dining Out
Cigarettes/Alcohol
Newspapers, Magazines, Books
Hobbies/Recreation
Spending Money
Vacation
Club or Association Dues
Sports Tickets
Concerts, museums
Movies/ Video Rentals/ Netflix
Automobile/Transportation
Auto repair
Auto maintenance
Auto payment
Auto Insurance
Gasoline
Parking
Bus Fare
Medical/Dental/Vision
Medical Insurance
Medical supplies
Uninsured Medical/Dental Expenses
Dental Insurance
Vision Insurance
Spectacles, lenses upgrades
Vitamins and other supplements
Insurance
Life Insurance
Financial
Savings
Retirement
Miscellaneous Personal Expenses
Gifts
Charitable Contributions
Pet expenses
Postage
Debts
Credit Card

Children’s Expenses

Some children’s expenses may be included in a request for spousal maintenance.  These expenses may include extracurricular activities, school lunches, and other expenses that would not be covered by child support.

Emphasize luxurious items.

Exotic trips, expensive motor vehicles, and owning more than one real property may evidence a higher marital standard of living.  The higher the marital standard of living, the higher the potential need for spousal maintenance.

Documenting physical/mental health.

Some spousal maintenance recipients have a physical or mental health condition which may prevent or adversely affect his or her ability to work.  Providing proof of any conditions may be critically important in determining the amount and duration of a spousal maintenance award. Certain physical/mental health conditions may yield a permanent spousal maintenance award.

Spousal maintenance buyout.

Some spousal maintenance obligor’s hate the notion of paying spousal maintenance on a monthly basis which could be for an indeterminate amount of time.  Additionally, some spousal maintenance recipient’s hate the uncertainly of knowing when the spousal maintenance will arrive and whether it will be modified in the future.  In order to avoid this uncertainty, the parties may try to negotiate a buyout of a spousal maintenance claim.  In doing so, a lump sum is typically transferred to the potential spousal maintenance recipient in an amount to buy out his or her interest in their spousal maintenance claim.  This lump sum may be paid from sale proceeds of real property, from the transfer of a 401k or other retirement asset, and/or paid as a cash property settlement payment.  A buyout may be a good option for obligor’s who have difficulty agreeing to a long-term spousal maintenance award.

Matt Gilbert:
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