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…

Minnesota Divorce Topics - Depletion and Dissipation of Assets

Minnesota Divorce Topics – 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).…

Minnesota Divorce Topics - Spousal Maintenance (Alimony) and the Imputation of Income

Minnesota Divorce Topics – 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…