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…

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…

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…

Divorce and Spousal Maintenance - The Analysis Of Cash Flow

Divorce and Spousal Maintenance – The Analysis Of Cash Flow

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…

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…