Does the “Fault” of Either Party Affect a Spousal Maintenance Award?
Minnesota is now one of many “no-fault” divorce states. Courts no longer require a showing that one party has somehow breached the marital contract in order to dissolve the marriage. Prior to the adoption of the current guidelines for granting a divorce or legal separation, as set forth in 518.06 of the Minnesota statutes, the court could consider certain defenses (such as adultery, insanity, abuse, alienation of affection, connivance or recrimination) to the granting of a divorce decree. Now the courts need only determine that there are irreconcilable differences between the parties. If you are considering divorce, you may have questions regarding whether to seek spousal maintenance. To learn more about how spousal support could possibly fit into your divorce decree, consult an attorney well-versed in Minnesota family law. Article provided by Kathleen M. Newman & Associates, P.A.
