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spousal maintenance at late date?

  • Thread starter Thread starter minnesotanice
  • Start date Start date

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M

minnesotanice

Guest
What is the name of your state? minnesota

i live in minnesota. ex lives in indiana. married for five years, divorce finalized in february 1994, no children. ex always worked during marriage and after divorce. she now has a lower paying job than she had when living in minnesota. she has written me that she wants spousal maintenance in the amount of the difference between her minnesota job and her job in indiana. she reserved her "right to spousal maintenance in the future" when agreeing to the divorce.
i guess i'm asking/wondering what her chances are of obtaining spousal maintenance? Especially at this late (8 years) date? like i say, she has always worked, and as far as i know she is in good health and able to work.
 


A

angel75513

Guest
OUCH!!! Leason learned dont agree to things like that. Sorry
 
C

cyana

Guest
I do not live in Minnesota so my initial response was "no, too much time has passed... suggest you consult Minn. Family Law practictioner" but I found this article on www.divorcenet.com (exerpted):

http://divorcenet.com/mn/mn-art10.html

"Awards, Denials and Modifications of Maintenance

If the parties are unable to resolve disputes related to spousal maintenance, after a trial that considers the factors set out in the previous section, a court may:

1. award spousal maintenance;
2. reserve spousal maintenance (not award maintenance currently but leave the matter open for further review);
3. deny spousal maintenance.

Awards of spousal maintenance may be “temporary or rehabilitative”, designed to rehabilitate the spouse so that he/she may become self-supporting, or “permanent.”
No matter whether spousal maintenance is awarded, denied or reserved after a trial, the issue may be always be readdressed and spousal maintenance modified upon a showing that there has been a substantial change in circumstance making the original award (or denial) unreasonable or unfair. "

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Your ex-wife may have a case so I *highly* recommend you consult an experienced Family Law practioner. You may have a defense in that you weren't married that long (in many states if she were able to work and cite how much time has passed. Was you ex-W decrease in income recent? The fact that you have no children together should help too - it's not like she needs the extra money via Alimony to pay a mortgage to keep a roof over your children's heads.

Good luck.
 

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