UMDA Minn' Stat' 518'552

1
UMDAMinn. Stat. 518.552

• Court may grant maintenance if the spouse seeking
  maintenance
• (a) lacks sufficient property to provide for
  reasonable needs OR
• (b) is unable to provide for adequate
  self-support or is the custodian of a child
• whose conditions make it appropriate that the
  custodian not work..

2
Theories of alimony

• Need
• Rehabilitation
• Contribution
• Loss of investment/expectation damages
• Income sharing/ALI Proposals

3
Problem p. 440

• Donald and Joan divorce after 11 years.
• Marital estate-113,000
• Joan is awarded 50,000 of the marital estate
• 25,000 as a lump sum the rest to be paid by
  Donald over X number of years at 500/month plus
  interest.
• How should her award affect her right to
  maintenance?

4
Minn. Stat. 518.552, subd. 3

• Permanency of award. Nothing in this section
  shall be construed to favor a temporary award of
  maintenance over a permanent award, where the
  factors under subdivision 2 justify a permanent
  award.Where there is some uncertainty as to
  the necessity of a permanent award, the court
  shall order a permanent award leaving its order
  open for later modification.

5
Dobrin v. Dobrin facts

• Mary and Dale cohabit 20 years.
• They marry in 1990 and Mary gives up her stable
  career.
• Marriage lasts 2 plus years.
• MN Ct. of Appeals holds that she get permanent
  maintenance because
• Unable to provide adequate self-support through
  appropriate employment.
• She has significant health concerns.

6
Gales v. Gales-1996553 N.W. 2d 416

• However, our family law jurisprudence establishes
  that, to consider an award of permanent
  maintenance, there must be an exceptional case
  such as the dissolution of a long-term
  traditional marriage in which there is an older,
  dependent spouse who has little likelihood of
  achieving self-sufficiency because of an absence
  from the labor market for a long period of time.

7
Problem 1, page 458

• Winnie and Harold-18 year marriage.
• Maintenance award. First two years enough to
  support her while she renews her teaching
  certificate, after that cut in half but
  continuing.
• Is this a rehabilitative order? Should it be
  modifiable if she is hasnt gotten her teaching
  certificate renewed? What about the reason for
  that fact?

8
Problem 2, page. 456

• Hank and Wendy-15 year marriage.
• Both employed during marriage.
• Hank starts a successful business.
• Wendy gets 40 of the marital assets (primarily
  stock in the business) at the time of the
  divorce.
• Assume Hanks income is 200,000/year and Wendys
  income is 40,000/year.

9
Hank and Wendy continued

• Change the hypo
• Hank makes 500,000/year Wendy makes
• 15,000/year

10
Problem 3, page 456

• Wilma and Fred married 20 years.
• Wilma has always worked to support her, Fred and
  the two children.
• Fred is an unemployed alcoholic much of the
  marriage.
• Should Wilma have to pay Fred spousal maintenance?