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 [...]
Spousal Maintenance (Alimony) and the Imputation of Income
During a divorce proceeding, and once a divorce is finalized, the court may order that one spouse pay alimony, or what Minnesota refers to as spousal maintenance, to the other spouse. The primary reason for spousal maintenance is to provide cash flow to a spouse in order to approximate the [...]
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 Minnesota Divorce Question – How Long Will My Case Last?
One of the most important questions facing any person who is thinking about divorce is "How long will my case last, or how long will it take for my divorce to be final." These are important questions, and the answer is not always simple. Many divorce case can be handled [...]