Minnesota Spousal Maintenance

Model Spousal Maintenance Language

Spousal Maintenance. We do not believe that there is a dispute between the parties as to whether is entitled to an award of permanent spousal maintenance as she meets the criteria of Minn. Stat. §518.552, subd. 1(a) and (b): [(s)he] lacks sufficient property to provide for his/her reasonable needs, and [(s)he] is unable to provide for his/her own self support considering the standard of living established during the parties' marriage. Rather, the parties have disparate opinions as to the amount of spousal maintenance which is permanently entitled to.

The Court is mandated to consider all relevant information, including the factors set forth in Minn. Stat. §518.552, subd. 2:

a) The financial resources of the party seeking maintenance, including marital property apportioned to the party, and the party's ability to meet needs independently. The parties' marital estate is not large except for Respondent's pension and profit-sharing plan of approximately $ . Moreover, this retirement benefit requires that all investment income be retained by the plan until final distribution. Therefore, will gain no income from this asset presently. Moreover, should not be required to invade this asset to provide for her current needs.

b) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, and the probability, given the parties' age and skills, of completing the education or training and becoming fully or partially self-supporting. is a 50 year old female and high school graduate. During the parties' marriage, she had sporadically attended the University of Minnesota and completed an additional one and one-half years of general studies. has investigated attending the College of St. Catherine to complete a course of study in the literary field at sometime in the future. During the marriage, was a traditional homemaker and actively supported career. She participated in significant volunteer activities. However, she did not work outside of the home except for extremely limited work at her synagogue. She has no employment history nor has she received any vocational training of any sort. It would take a minimum of three years of full-time college attendance to obtain an advanced degree. With the responsibility for an 11 year old child, it is doubtful that can attend school full-time. Therefore, it is uncertain whether can even complete a course of study in order to gain the ability to be employed in a meaningful career.

c) The standard of living established during the marriage. The parties' enjoyed a quality standard of living during the marriage commensurate with level of income and professional attainment as a partner in a major law firm. We have enclosed as Exhibit Petitioner's Affidavit dated which carefully delineates an affluent standard of living including a home valued at over $400,000.00, extensive private education for the parties' children, extensive foreign travel for all members of the family, and the ability to maintain a consistently high standard of living while accumulating retirement benefits of $1,000,000.00.

d) The duration of the marriage and, in the case of a homemaker, the length of absence from employment and the extent to which any education, skills, or experience have become outmoded and earning capacity has become permanently diminished. underwent a vocational and medical assessment by Dr. of Metropolitan Rehabilitation Services, Inc. concluded that has special parenting challenges as a single parent of an adopted Asian child. Moreover, has experienced a number of significant medical problems over the years and is currently being treated for depression, inflammation, and infection. found that she has sufficient medical problems which would complicate full-time employment. Moreover, recommended that remain in the home and active as a homemaker and mother to the extent that it is financially feasible for at least another seven years, or until Tara graduates from high school. concluded that as a 57+ year old woman with an advanced education but no significant work experience, employment opportunities would be very limited. did conclude that an educational program was indicated for however.

e) The loss of earnings, seniority, retirement benefits, and other employment opportunities forgone by the spouse seeking maintenance. During the parties' 29-year marriage, was a traditional homemaker fulfilling the primary role of wife, mother, homemaker, and supporter of career. There is no doubt that cannot establish meaningful or a well-paying career at this point in her life, and thus, has experienced a permanent diminution in earnings, seniority, retirement benefits, and other employment opportunities. , on the other hand, has another 15 years (approximately) of further career advancement including the opportunities for salary increases, significant bonuses, partnership benefits, substantial employment benefits, and the accumulation of significant pension and profit-sharing benefits. is on the threshold of completing his first book which is soon to be published.

f) The age and the physical and emotional condition of the spouse seeking maintenance. age of 50 is of paramount importance. physical and emotional condition may preclude her from full-time employment upon completing suitable educational courses. The conclusions of , as presented in his report regarding the impact of medical problems upon her employment as well as the desirability for to remain primarily a mother and homemaker for another seven years until Tara enters a post-secondary program of education, are not disputed.

g) The ability of the spouse from which maintenance is sought to meet needs while meeting those of the spouse seeking maintenance. has the ability to fund his own living expenses commensurate with the marital standard of living while providing for and needs as well. & provided us with an explanation of compensation and other benefits (Exhibit X). has submitted Exhibit X, the calculations of , CPA, which demonstrate that from an annual gross income of $271,000.00 and gross monthly income of $22,583.33, has the ability to contribute $8,327.50 per month in spousal maintenance for , retaining gross monthly income of $14,255.43 for his own needs and child support. calculations further illustrate that after payment of this level of spousal maintenance, and after deduction for social security, federal, and Minnesota taxes, will have a net monthly income of no less than $10,398.00 per month, exclusive of bonus income, to meet his own needs. In addition to his base pay, Respondent has a long consistent history of receiving bonuses as verified by own statements in his letter dated June 30, 1992, Exhibit X. On page 1 Respondent writes, "Our cash crisis was seriously aggravated when, for the first time in my many years at the law firm, no additional compensation was paid for 1991." 1991 was the only year Respondent has not received a bonus. , on the other hand, upon receipt of spousal maintenance payments of $8,327.50 per month, after deduction for federal and Minnesota taxes, will receive a net monthly income of $6,000.00. These figures illustrate that is able to comfortably pay the level of maintenance requested by . It should be pointed out that in addition to compensation, he receives additional annual benefits with a value of $10,279 which will not be available to .

h) The contribution of each party in the acquisition, preservation, depreciation, or appreciation in the amount or value of the marital property as well as the contribution of a spouse as a homemaker or in the furtherance of the other party's employment or business. contributions as a homemaker, mother, and supporter of her husband's career has served as a contribution to the acquisition, preservation, and appreciation of the parties' marital estate.

3. Bonus Income. In addition to the award of child support and spousal maintenance requested above, we are requesting that as additional spousal maintenance, Petitioner be awarded % of Respondent's bonus income. With bonuses ranging from $0 to per year, it would be terrifically inequitable to ignore this income which Respondent has historically received. On the other hand, if Respondent had another year like , it would work a hardship upon him to have to fund maintenance based upon this income. In view of the large fluctuations, and recognizing the significant amount of income generated by bonuses, the fairest and most straightforward solution is to provide Petitioner a percentage. Our request for % is more than reasonable. After payment of taxes, Respondent will in fact end up with perhaps % and Petitioner with % of the bonus income.

has been able to solely fund all living expenses for both parties as well as their three children, and at the same time contribute substantial sums to his pension and profit-sharing plans which has accumulated to $ . Thus, clearly has the ability to meet his own living expenses, pay spousal maintenance to , provide for child support, and have sufficient resources left above and beyond those amounts to pay attorney's fees. There are no liquid assets for to use to pay her attorneys fees. Any liquid assets awarded to go for a down payment on a home for herself and . We, therefore, request that be ordered to pay $ for attorney's fees.