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 In the June 22, 2015 unpublished decision in Curtis v. Curtis, the Minnesota Court of Appeals affirmed the decision of the Trial court that required wife to [...]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 [...]
Top Question – Minnesota Divorce and Property Division
During a Minnesota Divorce case, parties frequently have issues regarding the division (and proper valuation) of assets. Minnesota law requires an "equitable division" of assets (and the same applies to debts). The division is quite often something other than 50:50; there is no requirement that the division be precisely equal. [...]
Minnesota Divorce Update – Top Questions Regarding Asset and Debt Division.
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, [...]
Amber C. Bretl joins Lake Harriet Law Office as Associate Attorney
Amber C. Bretl joined Lake Harriet Law Office as Associate Attorney in November of 2014. Ms. Bretl earned her J.D. from Hamline University School of Law and her B.A. from the University of Wisconsin-Eau Claire. She is a member of the Minnesota Bar Association and is a Qualified Family Law [...]