Divorce and Spousal Maintenance (Alimony) in Minnesota
Spousal Maintenance (also referred to as "Alimony") is a complex area of Family Law. Equalizing "cash flow" or available income is not required by Minnesota Statue 518.552; an award of Spousal Maintenance is based on need. Spousal Maintenance, unlike Child Support, does not provide the parties with a formula [...]
Minnesota Divorce – The Division of Assets and Debts
In Minnesota Divorce cases, the division of assets and debts is a process that requires financial expertise and significant attention to detail. The division of assets and debts does not need to be mathematically equal, as addressed in Johns v. Johns, 354 N.W.2d 564, 566 (Minn. Ct. App. 1984). However, [...]
Minnesota Divorce Issues and Trends – Alimony (Spousal Maintenance) post Passolt
Spousal Maintenance (Alimony) is based upon need. Contrary to what some lawyers might state, equalizing cash flow (or available income) is not required by Minnesota Statue 518.552. Judges in Minnesota have discretion in awarding spousal maintenance, and the decision whether to award spousal maintenance is permissive. A vocational assessment of [...]
Top Question – Minnesota Divorce and Property Division
During a Minnesota Divorce case, parties frequently have issues regarding the division (and proper valuation) of assets. Minnesota law requires an "equitable division" of assets (and the same applies to debts). The division is quite often something other than 50:50; there is no requirement that the division be precisely equal. [...]
Minnesota Divorce Update – Top Questions Regarding Asset and Debt Division.
In Minnesota Divorce cases, the division of assets and debts is a process that requires financial expertise and significant attention to detail. The division of assets and debts does not need to be mathematically equal, as addressed in Johns v. Johns, 354 N.W.2d 564, 566 (Minn. Ct. App. 1984). However, [...]
Amber C. Bretl joins Lake Harriet Law Office as Associate Attorney
Amber C. Bretl joined Lake Harriet Law Office as Associate Attorney in November of 2014. Ms. Bretl earned her J.D. from Hamline University School of Law and her B.A. from the University of Wisconsin-Eau Claire. She is a member of the Minnesota Bar Association and is a Qualified Family Law [...]
Attorney Amber C. Bretl Joins Lake Harriet Law Office
Amber C. Bretl joined Lake Harriet Law Office as Associate Attorney in November of 2014. Ms. Bretl earned her J.D. from Hamline University School of Law and her B.A. in Political Science and Spanish from the University of Wisconsin-Eau Claire. She is a member of the Minnesota Bar Association and [...]
Top Minnesota Divorce Issues – Spousal Maintenance, Cash Flow and Vocational Assessments
In Minnesota Family Law cases, an award of Spousal Maintenance (Alimony) is based upon need. Contrary to what some lawyers might profess, equalizing \"cash flow\" or available income is not required by Minnesota Statue 518.552. Court in Minnesota have judicial discretion in awarding spousal maintenance, and the decision whether to award spousal maintenance is permissive.
Top Minnesota Divorce Questions – What is the Initial Case Management Conference (ICMC)?
In Minnesota Divorce cases, the Initial Case Management Conference (ICMC) is typically the first court appearance with a Judge or Referee. The ICMC is an informal hearing that generally takes place within 30 days of the case filing. The ICMC provides the parties with an opportunity to discuss important topics [...]
Top Minnesota Divorce Issues – How are Assets and Debts Divided During A Divorce?
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 "half of your half." Minnesota Statute 518.58, subd. 1, states that the District Court is required to make a "just and equitable" division of [...]