Family Law Updates

Financial Issues - Qualified Plans Subject to Division

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…

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…

Minnesota Divorce Issues - Depletion and Dissipation of Assets

Minnesota Divorce Issues - Depletion and Dissipation of Assets

Although Depletion and Dissipation of property carry different meanings, in Minnesota divorce cases the terms are sometimes 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).…

Planning Your Blended Family’s Spring Break Vacation

Planning Your Blended Family’s Spring Break Vacation

When the winter chill just won’t let up, planning your blended family’s spring break vacation is a great excuse to let your mind wander to warmer thoughts. As exciting as a family vacation is, there are a few considerations to keep in mind when planning…

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…