Are Marital Assets Always Split 50/50?
March 13, 2014 | Elizabeth A. SchadingMarital assets are not always split 50/50. Marital assets are split according to “equitable distribution.” It is easy to confuse equitable distribution with equal distribution, but they are not the same. Equal distribution would be a 50/50 split. Equitable distribution takes many factors into account, including the length of the marriage, the contribution of both parties to the marriage, and a host of other factors. Minnesota courts do treat the contributions of a homemaker as being equal in value to the contributions of a bread-winner. You are at no special advantage or disadvantage if you made more or less money than your spouse. Family law in MN assumes that both spouses were responsible for amassing the marital estate. Equitable distribution is really just another way of saying “fair.” The court strives to remain fair in how it deals with your assets and debts. That doesn’t mean that you’ll feel like the settlement is fair, nor does it mean that the courts are always right. It is what it is. Equitable distribution is one reason why divorce mediation may be the right option for many families. You and your ex probably have a better idea of what is truly fair and equitable to both of you than a judge does. If you are both…
Read MoreWill the Courts Punish My Spouse for Cheating On Me?
March 10, 2014 | Elizabeth A. SchadingIt’s natural to be angry when your spouse cheats on you. But the courts are not going to reach out to “punish” your spouse for it, even if the adulterous behavior is one of the reasons why the marriage fell apart. Minnesota is a “no fault” state. That means that the courts essentially do not care why the marriage is ending. It is assumed to be nobody’s fault and everyone’s fault—a sort of “it takes two to tango” philosophy. Cheating may only affect the divorce if the spouse spent a great deal of your marital assets pursuing the relationship. You would have to prove this. For the most part, however, the major issues of the divorce will be decided in exactly the same manner that they would have been decided had the spouse been faithful. The courts treat a marriage primarily as a business partnership. Your marriage is almost like a company that grows and generates assets. This is a special partnership because children are often involved, but from the court’s perspective you are still dissolving a contract. The court’s main concern is to get that contract dissolved with as little damage to both parties as possible and as little damage to the children as possible. That means it’s simply going to follow…
Read MoreAm I Entitled to Spousal Support/Alimony?
March 5, 2014 | Elizabeth A. SchadingNobody is necessarily “entitled” to spousal support—spousal support awards are always at the judge’s discretion. However, there are a few “tests” that can be applied to your specific case to determine whether or not it is likely that the courts will award spousal support for your Minnesota family law case. First, there’s a means test. Will you have enough income/resources to provide for your needs without spousal support? The means test would include your assets after marital property is divided, your employment or income, and any non-marital property that you may have. Second, there’s an ability test. Are you able to generate income? If you’re at home caring for a special needs child, or if you’ve been a homemaker for twenty years and don’t have the education or training to secure gainful employment you may be a candidate for spousal support. In addition, spousal support doesn’t necessarily last for the rest of your life. It may only last for enough years to get you the education and training that you need. If you’re a candidate for spousal support at all there are still a number of factors the judge will consider before awarding an amount. Those factors include the length of time that you’ve been married, the standard of living that you had…
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