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…

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…