» Family Law Updates

Minnesota Divorce Topics - 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 marital standard of living.  However, determining the amount (and duration) of spousal maintenance can be… Read More
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Basic Rules for Family Law Motions

Family Law can be very emotional compared to many other areas of law.  Both parties are taking a huge step to change their life as they have known it, whether it be through divorce, adoption, or child custody.  That is why it is so very important for the attorneys involved to be professional, know the law, and more importantly someone you can trust.  Each state mandates the rules or procedure t… Read More
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Trending Minnesota Divorce Issues - Depletion vs. Dissipation of Property During a Divorce

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 fiduciary duty to one another during marriage.  A Court… Read More
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Child Support and Taxes: 5 Essential Rules

Tax season is upon us. During this time of year, we often focus on things like deductions and taxable income, and how we can maximize our tax credits and deductions to obtain the largest benefit from the IRS. When reviewing tax laws, attorneys and parties going through the legal process (especially cases  involving divorce and child support issues) take the time to thoroughly review the tax laws… Read More
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What You Need to Know About Karon Waivers and Spousal Maintenance

When going through a divorce, Minnesota allows for spousal maintenance (or alimony)  based on statutory  qualifications. Once an award for spousal maintenance is established it can be later modified if either party brings a motion for modification to the court because of changed circumstances.These changed circumstances include  job status, income, retirement, or other criteria directly related… Read More
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Minnesota Divorce and Spousal Maintenance - Equalizing Cash Flow Is Not Part of The Algorithm

In Minnesota, Spousal Maintenance (Alimony) is based upon need.  Equalizing monthly cash flow (or available income) is not required by Minnesota Statue 518.552.  Unlike Child Support, Spousal Maintenance does not provide the parties with a formula to determine if (and for what duration of time) money should be paid to one spouse during Divorce proceedings (through a temporary order) or after a D… Read More
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Minnesota Divorce and Property Division - Does Equitable Also Mean 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 “half of your half.”  Minnesota Statute 518.58, subd. 1, states that the District Court is required to make a “just and equitable” division… Read More
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Minnesota Divorce and Property Division - What Does Equitable Division Mean?

In Minnesota, the division of assets and debts in a Divorce does not need to be mathematically equal, as addressed in Johns v. Johns, 354 N.W.2d 564, 566 (Minn. Ct. App. 1984).  Equitable does not necessarily mean equal.  In most long-term marriages, however, an equal division is deemed appropriate (see Kaste v. Kaste, 399 N.W.2d 128, 130 (Minn. Ct. App. 1987).  Each asset on the balance should… Read More
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Curtis v. Curtis - Minnesota Spousal Maintenance 2016

The Minnesota Supreme Court will hear oral arguments in the case of Curtis v. Curtis on January 12, 2016 (the June 22, 2015 decision by the Minnesota Court of Appeals 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 the equalization of c… Read More
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Property Division During Divorce in Minnesota

The division of assets during a Minnesota Divorce is a process that requires financial acumen and significant attention to detail.  The division of assets (as well as 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 marriages (particularly long-term marriages) an equal division is deemed appropriate (see Kaste v.… Read More
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