To work, or not to work? That is the question.

The issue of spousal maintenance can often be the most difficult in a dissolution proceeding.  One of the aspects of determining whether to award spousal maintenance is the level of income that can be or should be attributed to the person seeking spousal maintenance.  In today’s episode, we examine the leading Minnesota case that addresses this issue, Passolt v. Passolt, 804 Minn. Ct. App. 2011, and how the Appellate Courts have ruled on this same issue in subsequent case law.  Most important, what is the current status of the law in Minnesota regarding when to impute income to a person seeking spousal maintenance?