Financial Issues – Qualified Plans Subject to Division
In a Minnesota divorce proceeding, a qualified plan may include any marital portion of a retirement or investment account (IRA), pension plan, or deferred compensation plan that either party has an interest in. However, it is difficult to determine the value of these plans because of their after-tax value – [...]
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 counsel of their own choice. [...]
UPDATE – Minnesota Supreme Court Ruling on Kremer v. Kremer
MAJORITY OPINION 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 Ms. Kremer by affirming the lower courts finding that antenuptial agreement [...]