Property division is often the most financially consequential issue in a Minnesota divorce, and the most misunderstood.
Minnesota is an equitable distribution state. Under Minn. Stat. § 518.58, courts make a just and equitable division of marital property.
The posts below cover the family home, retirement accounts, business interests, debt allocation, dissipation of assets, and the relationship between property division and spousal maintenance. I have practiced family law in Minnesota courts since 2000 and wrote these posts to help you through your property division process.
UPDATE: April 2024 Dividing Government Retirement Benefits in a Minnesota Divorce Proceedin Pension and Divorce | When people think of dividing up property in a divorce, it’s usually bank accounts, furniture and houses that come to mind. One type of property that it’s easy to overlook in preparing for divorce is retirement benefits. While there are…
Minnesota divorces, property settlements, and federal law If you are in the property division stage of a divorce proceeding, you may have heard reference to a qualified domestic relations order (QDRO). What is a QDRO, and what do you need to know about them? First off, a QDRO is a subcategory of domestic relations orders. …
Divorce and Credit Cards Dividing the credit card debt during divorce does not include a simple procedure. It depends on the laws of the state. This can lead to even increased bitterness between the two of you. So, it is always better to either pay off the debts of your own before filing for divorce,…
Forensic Accountants: A Necessity During Divorce? Though reasons for divorcing may vary, there are several common recurrent topics amid most divorces. Aside from the stress and money involved, there is often the feeling that one person is getting a better deal than the other. Often this feeling stems from financial inequality in the marriage where…
So You are getting divorced, what do you do with the pets during a divoce? Maybe you have kids, maybe you don’t. Maybe your kids are in fact a 3 year old Springer Spaniel named Duke or an 8 year old Siamese cat named Mr. Mittens. Pets are such an impotant part of people’s live they often…
Divide a Retirement Plan | As we discussed in a previous post on retirement and QDRO’s we know that 401(k)s are divided by using a legal document called a QDRO. The previous post talked about how and why to do it, but not what you probably care about most, how long does it take to…
QDRO is short for a Qualified Domestic Relations Order. This is an order that allows you transfer either portions or a whole retirement account between you and your spouse without either 1) the taxes being paid upon transfer and 2) penalty free. It’s very common in Minnesota Divorces to do a QDRO (Hint: we divorce…
Farm Divorce | So, you or your spouse own a farm and now you are getting divorced. You think that any Minnesota divorce lawyer will do right? Wrong. Unfortunately, many divorce lawyers who are very good at simple divorces simply are not equipped to handle a farm divorce. Why you may ask? Aren’t all divorce…
Estimated reading time: 5 minutes Key Takeaways The question of who gets the engagement ring after divorce often depends on whether the marriage occurred. If the wedding never happens, the ring usually returns to the giver, with rules differing by state. In Minnesota, the giver generally gets the ring back, while California may consider fault…
Small Business and Minnesota Divorce | With the increase of divorce in Minnesota, divorce lawyers have to become versed in business entities and law. The days of the general legal practitioner are gone. But, let me tell you a dirty little secret that most Minnesota divorce lawyers have, they are divorce lawyers….not business lawyers. They…
