Categorized: Divorce

Paying Off Your Spouse’s Premarital Debt

Posted on Tuesday, April 24th, 2018 by Marc Beyer and is filed under Debt, Divorce, Finances.

Let’s say that when you get married, your spouse has $10,000 in credit card debt. You have some savings built up, so when you get married, you decide to use some of your premarital savings and pay off the debt. This lessens your spouse’s debt load, and of course helps with the budget. The minimum… Read more »

Changes Coming to Child Support in Minnesota

Posted on Tuesday, April 17th, 2018 by Marc Beyer and is filed under Child Support, Divorce, Minnesota, Parents.

A variety of factors go into calculating child support. The law considers the income of both parents, the number of children, and each parent’s parenting time percentage, among other factors. The data is inputted into the child support calculator found on the Department of Human Services website, and the presumptive child support obligation is then… Read more »

LIFE INSURANCE TO SECURE SPOUSAL MAINTENANCE OR CHILD SUPPORT; DON’T TAKE IT LIGHTLY

Posted on Tuesday, April 10th, 2018 by Tim Simonson and is filed under Divorce, Finances, Life, Life Insurance.

Recently the Court of Appeals was asked by a surviving ex-wife to award life insurance proceeds to herself and children, which her ex-husband, before he died, elected go to his fiancé instead. When husband and wife were divorced, husband agreed to have life insurance in place to cover his maintenance and child support obligations. After… Read more »

Enough is Enough; When it’s Time to Revisit Spousal Maintenance

Posted on Tuesday, March 20th, 2018 by Tim Simonson and is filed under Divorce, Marriage, Spousal Maintenance.

The Court of Appeals recently reversed a lower court’s decision to reject a husband’s request to modify his maintenance obligation to his ex-wife. It was error, the Court said, to assume that a 57-year-old laborer with a degenerative spinal condition was healthy enough to continue working up to 90 hours a week and earn $150,000… Read more »

KEEPING THE HOMESTEAD SAFE IN A DIVORCE

Posted on Tuesday, January 2nd, 2018 by Tim Simonson and is filed under Divorce, Minnesota, Property.

Divorcing couples who own a home still remain homeowners, even after the divorce; they just aren’t joint owners any longer. Instead, they own the home as individuals who each have a one-half ownership interest in the house. This difference may seem obscure but, can be important. For instance, a married homeowner receives the entire house… Read more »

A YEAR OF LIVING WITH THE ‘COHABITATION’ PROVISION IN SPOUSAL MAINTENANCE LAW

Posted on Tuesday, December 5th, 2017 by Beyer & Simonson and is filed under Cohabitation, Divorce, Minnesota, Spousal Maintenance.

It’s been more than a year since new law went into effect, allowing a court to determine whether maintenance can be modified based on a recipient’s cohabitation with another adult following a dissolution of marriage.  But the law has not been changed, which requires that in order to modify a spousal maintenance award, a district… Read more »

It’s Just Discovery

Posted on Tuesday, November 14th, 2017 by Marc Beyer and is filed under Discovery, Divorce, Process.

A very common and routine part of any court case – including divorces – is what we call discovery.  After the case is started, both sides have the opportunity to serve discovery requests on the other party.  In divorce cases, the requests can be either “formal” or “informal.”  In contrast to Interrogatories and Request for… Read more »

The Price of Freedom

Posted on Tuesday, November 7th, 2017 by Marc Beyer and is filed under Divorce, Process, Spousal Maintenance.

During the divorce negotiation process, it is easy to become entrenched in a certain position.  Say, for example, that your spouse is seeking spousal maintenance.  You make a greater income than your spouse, but you believe that your spouse nevertheless earns a sufficient income that they can and should be self-supporting.  It’s not a clear… Read more »