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 [...]
Minnesota Divorce and Property Division – Equitable vs. Equal.
Equitable does not necessarily mean equal (check Black's Law Dictionary). In Minnesota Divorce cases, the division of Assets and Debts does not need to be mathematically equal, and you are not entitled, under Minnesota law, to "exactly half ." Minnesota Statute 518.58, subd. 1, states that the District Court is required [...]
Enforceability of Mediated Settlements
Many people wonder (including attorneys and mediators), are mediated settlement agreements enforceable? Well, that depends on the situation. In a recent case, Tornstrom v. Tornstrom, 887 N.W.2d 680 (Minn. Ct. App. 2016) the court determined that a mediated settlement agreement was enforceable. Again, in an unpublished case, Burke v. Burke, [...]
Top Family Law Issues -Third Party Custody in Minnesota
There are a variety of reasons why a child may be in the custody of a third party and not with their parents. This blog will focus on why and how a third party might get custody or visitation rights under Minnesota law. In 2002, the Minnesota legislature enacted a [...]
Divorce and Spousal Maintenance – Cash Flow Analysis
In Minnesota, Spousal Maintenance (Alimony) is based upon need, and not the equalization of cash flow (equalizing monthly cash flow is not required or even addressed by Minnesota Statue 518.552). Unlike Child Support, Spousal Maintenance does not provide the parties with a basic formula to determine if (and for what [...]
Spousal Maintenance (Alimony) and Cash Flow – No Need to Equalize
In Minnesota, Spousal Maintenance (Alimony) is based upon need, and not the equalization of cash flow or income. The 2017 Curtis v. Curtis decision from the Minnesota Supreme Court stated that "need" is the first step in analyzing spousal maintenance. Some divorce lawyers like to equalize cash flow, which is [...]
Domestic Violence, Divorce and Parenting Time
October was Domestic Violence Awareness Month. Under Minn. Stat. 518B.01 Domestic Abuse Act, domestic abuse “means the following, if committed against a family or household member by a family or household member: (1) Physical harm, bodily injury, or assault; (2) The infliction of fear of imminent physical harm, bodily injury, [...]