Considerations in Minnesota Divorces

Property Division

Minnesota adheres to the principle of equitable distribution when it comes to dividing assets and debts during a divorce. This means the division is fair but not necessarily equal. Several factors influence this process:

• Length of the marriage: Longer marriages may lead to more integrated finances and complex asset division.
• Contributions of each spouse: Contributions can include financial support, homemaking, and child-rearing.
• Income and future earning capacity: The current and expected future incomes of both parties are crucial in determining the division.

Child Custody

Child custody in Minnesota is determined by prioritizing the child's best interests. It generally includes physical custody, indicating where the child will live, and legal custody, which pertains to decision-making authority over important aspects of the child's life.

Child Support

The state uses the Income Shares Model to calculate child support, taking into account the incomes of both parents and the specific needs of the child. This ensures that the financial responsibilities are shared fairly, reflecting both parents' capacity to contribute to their child's upbringing. 

Spousal Maintenance

Spousal maintenance, or alimony, may be awarded to support a lower-earning spouse. The court considers:

• The recipient’s need for support: This includes the need to maintain a standard of living similar to that during the marriage.
• The payer’s ability to provide support: The financial capacity of the paying spouse is examined to ensure that spousal maintenance is fair and sustainable.

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