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 [...]
Divorce Topics – When It’s Time to File a Family Law Appeal
No one gets married and expects to find themselves going through a divorce. It affects everyone involved: the spouses, children, and can even affect extended family, like parents, grandparents, aunts, and uncles. It is an extremely emotional time when people are choosing a new direction for their lives and the [...]
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 [...]
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 Divorce Issue Divorce – Retirement 401k’s and 403b’s
In many divorce cases, one spouse is awarded a Qualified Domestic Relations Order (QDRO) as part of the division of assets. Common types of QDRO's include a 401(k), 403(b) and defined pension benefit plans. With a QDRO, there is an exemption to the 10% early withdrawal excise tax, so a [...]