Family Law Updates

Spousal Maintenance, the 8 Factors and Equalizing Income

Spousal Maintenance, the 8 Factors and Equalizing Income

Spousal maintenance is commonly dealt with in family law, but is frequently misunderstood.  Spousal maintenance is awarded to meet need, and it depends on a showing of need.  The marital standard of living is analyzed in detail, along with cash flow and proposed budgets.  Equalizing…

UPDATE - Minnesota Supreme Court Ruling on Kremer v. Kremer

UPDATE – Minnesota Supreme Court Ruling on Kremer v. Kremer

MAJORITY OPINION The time has finally arrived, and the Minnesota Supreme Court has released their decision in the Kremer case. A case that many divorce attorneys and clients have been patiently waiting for. On Wednesday, May 30, 2018, the Supreme Court ruled in favor of…

Legal and Physical Custody in Minnesota - An Overview

Legal and Physical Custody in Minnesota – An Overview

The difference between legal and physical custody is important to understand and is often confused. Minnesota Statute section 518.003 defines “legal custody” as the right to determine the child’s upbringing, including education, health care, religious training and other important, long-term decisions regarding their child or…

Divorce and Investing

Divorce and Investing

There are many changes that occur with divorce, especially in the realm of finances. The assets and income that was once available to a single household is now split, yet the total expenses are typically greater. For those who receive a financial settlement in their…

White v. White and Baker v. Baker on Retirement Accounts

White v. White and Baker v. Baker on Retirement Accounts

Retirement accounts are often litigated during a divorce, especially when a non-marital claim exists.  In White v. White, a couple had been married for six years and were in the process of being divorced. 521 N.W.2d 874 (Minn. Ct. App. 1994). The main issue before…

Dividing Assets and Debts During a Divorce

Dividing Assets and Debts During a Divorce

Financial concerns are often a sticking point when two people are going through a divorce.  Not only can splitting assets become a point of contention in some cases, but resolving debt issues is also a major concern.  Determining who will be responsible to pay off…

Kremer Decision: Procedural Fairness and Minnesota Antenuptial Agreements

Kremer 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…

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.…