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typically the first place we look is if
there’s a disparity in income between
the parties
and so that you know one side is going
to land far ahead of the other related
to that we also look at the duration of
the marriage so if it’s a very short
marriage and there’s a disparity
you know no one gave up anything because
of the marriage perhaps
someone can still pursue education or
their career or whatever but if someone
you know took a back seat
in their career
or didn’t pursue education or what you
know any any number of things made
decisions to support the family that
didn’t increase their their earning
capacity then we look at at uh spousal
maintenance then it becomes really you
know in a longer marriage you look at
longer duration of spousal maintenance
bigger disparity you look at bigger
amounts of spousal maintenance it’s
probably the most complex
part of family law
i mean it’s far easier to sort out who
had what time with the kids historically
who did what with the kids it’s easier
to sort out you know the value of a
business or other assets
this is a number of elements that’s
really uh really intricate and with the
broad discretion that judges have it’s
really
it’s hard to predict which means it
should get resolved because you just
don’t know
you know you could spend a lot of money
at a trial and
and be surprised at the outcome it’s
intricate but it’s largely need versus
ability to pay
at its at its core level with a lot of
nuance behind it
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St. Paul, MN family law attorney Thomas Tuft explains in what situations spousal maintenance is awarded.