Curtis v. Curtis – Minnesota Spousal Maintenance 2016
The Minnesota Supreme Court will hear oral arguments in the case of Curtis v. Curtis on January 12, 2016 (the June 22, 2015 decision by the Minnesota Court of Appeals affirmed the decision of the trial court (which required a spouse to liquidate an award of property and assets to [...]
Property Division During Divorce in Minnesota
The division of assets during a Minnesota Divorce is a process that requires financial acumen and significant attention to detail. The division of assets (as well as debts) does not need to be mathematically equal, as addressed in Johns v. Johns, 354 N.W.2d 564, 566 (Minn. Ct. App. 1984). In [...]
Minnesota Spousal Maintenance (Alimony) Trends During Divorce
The recent Minnesota Court of Appeals decision in Curtis v. Curtis affirmed the decision of the trial court (which required a spouse to liquidate an award of property and assets to meet post-divorce expenses and monthly budget). The Minnesota Supreme Court will hear the case and will issue their decision [...]
Spousal Maintenance Trends in Minnesota Divorce and the Spolum vs. D’Amato decision.
The August 17, 2015 decision by the Minnesota Court of Appeals in Spolum vs. D'Amato reversed the district court's award of permanent spousal maintenance, and remanded for a determination of the appropriate level of maintenance in conformity with the opinion by the Court. In Minnesota, Spousal Maintenance (also referred to [...]
Spousal Maintenance (Alimony) Trends and the Curtis decision
The June 22, 2015 decision by the Minnesota Court of Appeals in Curtis v. Curtis affirmed the decision of the trial court (which required a spouse to liquidate an award of property and assets to meet post-decree expenses). In Minnesota, Spousal Maintenance (Alimony) is based upon need, and contrary to [...]
Minnesota Spousal Maintenance (Alimony) Trends in Family Court
In Minnesota, Spousal Maintenance (Alimony) is based upon need. Equalizing monthly cash flow (or available income) is not required by Minnesota Statue 518.552. In the June 22, 2015 unpublished decision in Curtis v. Curtis, the Minnesota Court of Appeals affirmed the decision of the Trial court that required wife to [...]
Minnesota Divorce Issues – The Division of Assets and Debts
The division of assets and debts during Divorce is a process that requires financial expertise and significant attention to detail. The division of assets and debts does not need to be mathematically equal, as addressed in Johns v. Johns, 354 N.W.2d 564, 566 (Minn. Ct. App. 1984). In most long-term [...]
Divorce and Spousal Maintenance (Alimony) in Minnesota
Spousal Maintenance (also referred to as "Alimony") is a complex area of Family Law. Equalizing "cash flow" or available income is not required by Minnesota Statue 518.552; an award of Spousal Maintenance is based on need. Spousal Maintenance, unlike Child Support, does not provide the parties with a formula [...]
Minnesota Divorce – The Division of Assets and Debts
In Minnesota Divorce cases, the division of assets and debts is a process that requires financial expertise and significant attention to detail. The division of assets and debts does not need to be mathematically equal, as addressed in Johns v. Johns, 354 N.W.2d 564, 566 (Minn. Ct. App. 1984). However, [...]
Minnesota Divorce Issues and Trends – Alimony (Spousal Maintenance) post Passolt
Spousal Maintenance (Alimony) is based upon need. Contrary to what some lawyers might state, equalizing cash flow (or available income) is not required by Minnesota Statue 518.552. Judges in Minnesota have discretion in awarding spousal maintenance, and the decision whether to award spousal maintenance is permissive. A vocational assessment of [...]