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Legal Memorandum: Spousal Maintenance Law

Issue: Overview of Spousal Maintenance Law Over the Last Five Years

Area of Law: Family Law
Keywords: Spousal maintenance; Reasonable needs; List of authorities
Jurisdiction: Minnesota
Cited Cases: None
Cited Statutes: Minn. Stat. § 518.552, subd. 1, subd. 2; Minn. Stat. Ann. § 518.552 (1990); 14 Minn. Prac., Family Law § 8.6, 8.8 (2d ed. 2005)
Date: 04/01/2006

LIST OF AUTHORITIES

  • Simon v. Simon, No. A04-1371 (Minn. Ct. App. May 3, 2005) (trial court did not err in awarding the wife permanent spousal maintenance, as opposed to temporary maintenance, in light of evidence that the parties’ children needed their mother at home with them)
  • Stimmler v. Stimmler, No. A04-1425 (Minn. Ct. App. Apr. 26, 2005) (court may provide maintenance if, under Minn. Stat. § 518.552, subd. 1, the spouse lacks sufficient means to provide for his or her reasonable needs)
  • Olson v. Olson, No. A04-1148 (Minn. Ct. App. Apr. 19, 2005) (if the court determines that spousal maintenance is proper, it will consider factors listed in Minn. Stat. § 518.552, subd. 2 to determine amount and duration)
  • Riper v. Riper, No. C1-02-713 (Minn. Ct. App. Dec. 3, 2002) (same)
  • Baudhuin v. Baudhuin, No. C7-01-1564 (Minn. Ct. App. Jul. 2, 2002) (court may provide maintenance if, under Minn. Stat. § 518.552, subd. 1, the spouse lacks sufficient means to provide for his or her reasonable needs)
  • Peterson v. Peterson, No. CX-00-2021 (Minn. Ct. App. Jun. 26, 2001) (same)
  • Mielke v. Mielke, No. C7-00-2235 (Minn. Ct. App. Jun. 19, 2001) (if the court determines that spousal maintenance is proper, it will consider factors listed in Minn. Stat. § 518.552, subd. 2 to determine amount and duration, including whether to award permanent maintenance)

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