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…

Top Minnesota Divorce Issues - Depletion vs. Dissipation of Property

Top Minnesota Divorce Issues – Depletion vs. Dissipation of Property

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

Kramer Decision: Procedural Fairness and Minnesota Antenuptial Agreements

Kramer Decision: Procedural Fairness and Minnesota Antenuptial Agreements

PROCEDURAL REQUIREMENTS: Currently governed by Minnesota Statute 519.11, antenuptial agreements require procedural fairness in order to be enforced. The first of these requirements includes full and fair disclosure of the parties’ earnings and property. Next, the parties must have the opportunity to consult with legal…

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…

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…