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Q: What property is divided in divorce?
A: There is a presumption that all property acquired during the marriage is considered marital property and subject to division between spouses. This includes, but is not limited to,personal property, retirement accounts, real estate, cash/investments, businesses and other items. First, it is important to determine what is marital property and what is nonmarital property. Generally, nonmarital property (such as property that belonged to one spouse before the marriage or gifted to a spouse) is exempt from being divided. Minnesota requires an equitable division, not an equal division, of assets. In most cases, an equal division is considered equitable. Spouses must determine the value of their assets and also determine debts prior to any division. Experts may be retained to conduct appraisals and valuations of assets. The exchange of information between the spouses about assets and debts is essential to determine the value of the marital estate and how to equitably divide it. (See Minnesota Statute §518.58)
Q: How is spousal maintenance determined?
A: Spousal Maintenance may be one of the most challenging issues in family law. First, whether a spouse is entitled to receive spousal maintenance must be established and second, the issue of amount and duration of the payment is then determined. There are eight statutory factors to examine. Two factors tend to be the primary factors in most cases. Those are the income/financial resources of each spouse and the monthly living expenses of each spouse which are determined by the marital standard of living. Many of these cases involve issues of financial control in a relationship. As with the division of property, the exchange of financial information between spouses must occur. Frequently, financial experts are retained to determine how much money is available for each spouse after the divorce and how to divide that money to help determine the amount of spousal maintenance. (See Minnesota Statute §518.552)
Q: What are the differences between custody and parenting time?
A: Custody and parenting time are distinctly different but often intertwined legal concepts. There are two concepts related to custody. Legal custody refers to the right to determine a child’s upbringing in three major areas: education, health care,and religious training. Physical custody and residence refers to the routine daily care and control and the residence of a child. Parenting time refers to the time a parent spends with a child. All three legal concepts involve a best interests analysis related to a child. (See Minnesota Statute §518.17) Issues such as domestic violence, the physical/mental health of a parent and the child’s relationship with a parent are just some of the factors considered. The overreaching goal in serving a child’s best interests is to promote the child’s healthy growth and development through safe, stable, nurturing relationships between a child and both parents. Given the very practical differences within each family’s circumstances, the parents’relationship with one another, and the very different needs,values, cultural considerations, and experiences within a family, there cannot be a “one size fits all” approach to serving families.
Q: How is child support determined?
A: A child support order separately designates the amount owed for three areas of support: basic support, medical support, and childcare support. Minnesota law uses a parental income share approach to determine all three areas of support, looking at both parents’ gross incomes. The percentages of income is then applied to the statutory guidelines, which the legislature has determined it costs to meet basic needs for a child. The parenting time schedule must first be established prior to calculating child support that is to be paid. Medical support relates to the amount of money parents will each pay toward the dependent health and dental insurance premiums for child as well as the child’s uninsured and unreimbursed health expenses. The last area of support is child care expenses. Each parent will pay a portion of the child care expenses based on the parents’ percentage of income. Child support may be modified as financial changes occur, including changes in income and costs of insurance and child care expenses. Child support terminates for a child once that child is considered emancipated, which is generally age 18 or graduating from high school, whichever is later. Child support may continue longer for children with special needs.
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