Top Minnesota Divorce Issues - Spousal Maintenance and Income Imputation

Top Minnesota Divorce Issues – Spousal Maintenance and Income Imputation

During a Minnesota divorce proceeding, the Court may order that one spouse pay spousal maintenance to the other spouse.  An award of spousal maintenance is based upon need, and the primary reason for spousal maintenance is to provide cash flow to a spouse in order…

Minnesota Divorce and Property Division - Equitable vs. Equal.

Minnesota Divorce and Property Division – Equitable vs. Equal.

Equitable does not necessarily mean equal (check Black’s Law Dictionary).  In Minnesota Divorce cases, the division of Assets and Debts does not need to be mathematically equal, and you are not entitled, under Minnesota law, to “exactly half .”  Minnesota Statute 518.58, subd. 1, states that…

Divorce and Spousal Maintenance - Cash Flow Analysis

Divorce and Spousal Maintenance – Cash Flow Analysis

In Minnesota, Spousal Maintenance (Alimony) is based upon need, and not the equalization of cash flow (equalizing monthly cash flow is not required or even addressed by Minnesota Statue 518.552).  Unlike Child Support, Spousal Maintenance does not provide the parties with a basic formula to…

Minnesota Divorce Issues - Depletion and Dissipation of Assets

Minnesota Divorce Issues – Depletion and Dissipation of Assets

Although Depletion and Dissipation of property carry different meanings, in Minnesota divorce cases the terms are generally used synonymously by the Court.  Dissipation is defined by Minnesota case law as “wasting or expending funds foolishly.” Volesky v. Volesky, 412 N.W.2d 750 (Minn. Ct. App. 1987).…

Spousal Maintenance (Alimony) and Cash Flow - No Need to Equalize

Spousal Maintenance (Alimony) and Cash Flow – No Need to Equalize

In Minnesota, Spousal Maintenance (Alimony) is based upon need, and not the equalization of cash flow or income.  The 2017 Curtis v. Curtis decision from the Minnesota Supreme Court stated that “need” is the first step in analyzing spousal maintenance.  Some divorce lawyers like to…

Spousal Maintenance (Alimony) and the Imputation of Income

Spousal Maintenance (Alimony) and the Imputation of Income

During a divorce proceeding, and once a divorce is finalized, the court may order that one spouse pay alimony, or what Minnesota refers to as spousal maintenance, to the other spouse.  The primary reason for spousal maintenance is to provide cash flow to a spouse…

Attorney Gail E. Mattey Joins Lake Harriet Law Office

Attorney Gail E. Mattey Joins Lake Harriet Law Office

Associate Attorney Gail E. Mattey earned her J.D. from the University of Minnesota Law School in 2008, and her Honors B.A in Biological Sciences with a minor in Psychology from the University of Delaware in 2003.  Gail represents clients in a variety of Family Law…

Who Gets The House? And Other Questions Relating to Division of Assets.

Who Gets The House? And Other Questions Relating to Division of Assets.

When our parents were young, life progressed in this fashion: finish school; get married; buy a house; have children; retire. As life changed, this progression has also changed for many.  Maybe you bought a house after you finished school and before you even met your…