When spouses decide to part ways in Minnesota, the courts may require one spouse to provide financial support, commonly known as spousal maintenance or alimony, to their former partner. However, when one spouse becomes incarcerated, this can introduce a level of complexity into the equation. In this article, we will explore how spousal support is affected when one spouse is incarcerated in Minnesota.
The Recognition of Incarceration’s Financial Strain
Minnesota law acknowledges that incarceration can lead to financial strain not only on the incarcerated individual but also on their family, including their ex-spouse. With this in mind, the court has the authority to consider the impact of incarceration when making decisions about spousal support.
Suspending or Modifying Spousal Support
If the spouse who was ordered to pay spousal maintenance finds themselves behind bars, they may have the option to request the court to suspend or modify their support payments. However, to successfully demonstrate the need for such action, the incarcerated spouse must prove that their incarceration has significantly affected their ability to make the required payments.
Maintaining Eligibility for Spousal Support
On the other side of the spectrum, if the spouse receiving spousal maintenance becomes incarcerated, they will not necessarily lose their eligibility for support. The court may still determine that the incarcerated individual deserves to receive spousal maintenance as per their rights.
Factors Considered in Determining Spousal Support
During the evaluation process for spousal support in Minnesota, the court examines various factors, which include:
- Length of the marriage
- Income and potential earning capacity of each spouse
- Age and health condition of each spouse
- Standard of living established during the marriage
- Financial resources available to each spouse
Although the list does not explicitly include incarceration as a factor, it can indirectly influence some of the mentioned aspects, such as income and financial resources.
Seeking Modification for Spousal Support
Apart from suspending spousal support payments, an incarcerated spouse may also have the opportunity to pursue a modification to their existing spousal maintenance order. This course of action may prove vital if their incarceration has a long-term impact on their income and ability to fulfill their spousal support obligations.
Ensuring Your Rights and Fair Resolution
Navigating the complexities of spousal support in the face of incarceration can be challenging. Therefore, it is crucial to enlist the guidance of an experienced family law attorney who can protect your rights and ensure a fair resolution for your case.
Remember, incarceration should not be an insurmountable obstacle in your pursuit of financial stability and fairness. With the proper legal representation, you can navigate the intricacies of the legal system and secure a just outcome.