White v. White and Baker v. Baker on Retirement Accounts

White v. White and Baker v. Baker on Retirement Accounts

Retirement accounts are often litigated during a divorce, especially when a non-marital claim exists.  In White v. White, a couple had been married for six years and were in the process of being divorced. 521 N.W.2d 874 (Minn. Ct. App. 1994). The main issue before…

Abuse of Discretion in Minnesota - An Overview

Abuse of Discretion in Minnesota – An Overview

  In cases that involve divorces, the district court is awarded broad discretion to the division of property, award of maintenance, custody determination and child support. Rutten v. Rutten, 347 N.W.2d 47, 50 (Minn. 1984). The district court’s conclusions must be clearly erroneous given the…

Spousal Maintenance, Retirement and an Obligation to Work

Spousal Maintenance, Retirement and an Obligation to Work

This blog will cover two topics. The first topic is the question of what happens if the payor of spousal maintenance retires? The second topic is a question about whether or not a recipient of spousal maintenance has an obligation to work to try to…

Domestic Violence, Divorce and Parenting Time

Domestic Violence, Divorce and Parenting Time

October was Domestic Violence Awareness Month. Under Minn. Stat. 518B.01 Domestic Abuse Act, domestic abuse “means the following, if committed against a family or household member by a family or household member: (1) Physical harm, bodily injury, or assault; (2) The infliction of fear of…

Custody, Parenting Time and A Child's Preference

Custody, Parenting Time and A Child’s Preference

Minnesota determines custody and parenting time of a child using a standard that decides what custody or parenting time arrangement is in the best interests of the child. Minn. Stat. §518.17 (2017). This blog post will focus on the third factor, “the reasonable preference of…

The Enforceability of Mediated Settlement Agreements During Divorce

The Enforceability of Mediated Settlement Agreements During Divorce

Many people wonder (including attorneys and mediators), are mediated settlement agreements enforceable? Well, that depends on the situation. In a recent case, Tornstrom v. Tornstrom, 887 N.W.2d 680 (Minn. Ct. App. 2016) the court determined that a mediated settlement agreement was enforceable. Again, in an…

The Rebuttable Presumption - Parenting Time in Minnesota

The Rebuttable Presumption – Parenting Time in Minnesota

Rebuttable Presumption of 25% Parenting Time Starting in 2007, Minnesota’s parenting time statute has included a rebuttable presumption that a parent is entitled to 25% parenting time under Minn. Stat. §518.175 subd. 1(g) (2016). Minn. Stat. §518.175 subd. 1(g) can be broken down into four…