» Family Law Updates

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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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 during 2016.  In Minnesota, Spousal Maintenance (Alimony) is based upon need (and not the equ… Read More
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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 as Alimony) is based upon need, and contrary to what many att… Read More
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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 what some attorneys state, the equalization of cash flow (or available income) is not required… Read More
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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 liquidate assets to produce income, and awarded her no spousal maintenance (eit… Read More
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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 marriages, however, an equal division is deemed appropriate (see Kaste v. Kaste, 399 N.W.2d 128,… Read More
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Categories: Family Law Updates

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 to determine if (and for what duration of time) money should… Read More
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