Divorces involving substantial assets often come with heightened emotional and financial stakes—especially when it comes to spousal maintenance. Also known as spousal support or alimony, this form of financial assistance can become one of the most contested issues in a high asset separation.
At Lommen Abdo, PA, our experienced Minnesota and Wisconsin family law attorneys understand the sensitive nature of high net worth divorces and the importance of protecting both short-term needs and long-term financial stability.
What Is Spousal Maintenance and Why Does It Matter?
Spousal maintenance is designed to help balance financial disparities that often arise when one spouse earns significantly more than the other. Courts may award maintenance to ensure the lower-earning or non-earning spouse has the financial support needed to transition to independence after divorce.
This is especially critical in cases where:
· One spouse sacrificed career advancement to care for children or manage the household
· There is a wide gap in earning potential between the spouses
· A long-term marriage supported a specific lifestyle that is not financially viable post-divorce for one spouse
Defining High Net Worth in Divorce
High net worth divorces typically involve:
· Annual incomes exceeding $400,000
· Total net worth above $2 million
· Ownership of businesses or professional practices
· Significant investments, real estate holdings, or trusts
These financial factors add layers of complexity when determining fair and equitable spousal support.
Why Spousal Maintenance Is More Complicated in High Asset Cases
In a standard divorce, maintenance calculations are relatively straightforward. But in high net worth situations, a variety of unique financial elements can complicate matters:
1. Luxury Lifestyles
Both spouses may be used to an affluent lifestyle, including vacations, private schooling, high-end vehicles, and luxury housing. Courts consider this standard of living when deciding if and how much maintenance should be awarded.
2. Multiple and Non-Traditional Income Streams
Business income, investment returns, real estate profits, and stock options all require detailed evaluation. Identifying what counts as income—and how sustainable that income is—is often the crux of a spousal support dispute.
3. Business Ownership
If one spouse owns or has shares in a business, determining its value and impact on spousal maintenance becomes a complex task. The business may also be a marital asset, further complicating division and ongoing support obligations.
4. Tax Planning and Strategy
Recent tax law changes have impacted how spousal support is taxed. Working with a legal team that collaborates with tax and financial advisors is essential.
How Courts Determine Spousal Support in Minnesota and Wisconsin
Unlike child support, there is no formulaic calculator for spousal maintenance in Minnesota or Wisconsin. Instead, courts consider several factors:
· Duration of the marriage
· Age and health of each spouse
· Standard of living established during the marriage
· Earning capacity and employment history
· Contributions to the marriage (financial and non-financial)
· Needs of each party and the ability to meet those needs independently
Judges have significant discretion in evaluating these elements, which makes strong legal advocacy especially important in high asset divorces.
Temporary vs. Long-Term Support
There are two common types of maintenance:
· Transitional (or Temporary) Maintenance: Support provided during the divorce process, allowing the recipient spouse to maintain financial stability until a final agreement is reached.
· Indefinite (Permanent) Maintenance: Long-term or indefinite support awarded when one spouse is unlikely to become financially independent due to age, health issues, or time out of the workforce.
Each type serves a different purpose and requires careful consideration of timing, income flow, and overall marital contributions.
Can You Request Maintenance During Separation?
Yes. In Minnesota and Wisconsin, courts may order temporary spousal maintenance even before a divorce is finalized. This is critical in situations where one spouse controls most of the assets or income and the other needs financial assistance to support themselves during the legal proceedings.
Does Marriage Length Affect Eligibility for Support?
The longer the marriage, the stronger the case for maintenance—especially if children are involved or one spouse gave up career opportunities. While there’s no official minimum, judges tend to favor support in cases where the marriage exceeded 10 years or involved a clear sacrifice of earning potential by one party.
Strategic Support for High Net Worth Individuals
At Lommen Abdo, PA, we recognize that each high net worth divorce is unique. Our legal team works closely with clients and financial professionals to craft personalized strategies that protect your financial future and ensure a fair spousal maintenance outcome.
We assist with:
· Valuing complex assets and income sources
· Challenging or defending against spousal maintenance claims
· Structuring support agreements that align with your long-term financial goals
· Leveraging expert testimony when necessary
Why Work with Lommen Abdo, PA?
Our attorneys have extensive experience handling complex divorces for high net worth individuals across Minnesota and Wisconsin. We understand the legal, emotional, and financial dimensions of these cases—and we’re committed to helping you reach a resolution that reflects your best interests.
Let’s Talk About Your Divorce Strategy
If you’re navigating a high asset divorce or concerned about spousal maintenance, Lommen Abdo, PA is here to help. We offer confidential consultations to help you understand your options and build a strategy that aligns with your goals.
Contact us today to speak with a seasoned Minnesota or Wisconsin divorce attorney experienced in high net worth spousal maintenance.