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 the Minnesota Court of Appeals [...]
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. [...]
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 facts on the record before [...]
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. App. 1987). Spouses have a [...]
Morena Baccarin’s Long Child Custody and Support Battle
Being a celebrity has its downsides. Morena Baccarin, famous for her character on the hit TV show “Gotham” and many other roles, has been fighting a long battle over her first marriage to Austin Chick for their child. Divorce and child custody battles can be tough for anyone, but when [...]
Types of Early Neutral Evaluation (ENE) During a Minnesota Divorce
The resolution of Social and Financial issues during a divorce case is advantageous for all parties. Early Neutral Evaluation is a voluntary process that can provide options for settling disputes regarding parenting time, child custody, spousal maintenance, property division, asset valuation, and related matters. There are two different Early Neutral [...]
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 [...]
College Savings Tips for Divorced Parents
If you are the divorced parent of a college-age student, it is a good time to work with your ex-spouse when it comes to finances. Regardless of your history together, your child’s future comes first. These three tips will help you navigate some of the most important college investment choices [...]
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 increase his or her income. [...]
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 to approximate the marital standard [...]