Categorized: Divorce

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 »

Credibility is King

Posted on Tuesday, October 24th, 2017 by Beyer & Simonson and is filed under Divorce.

When a divorce case goes to a trial, one of the more basic functions of the Court is to make “findings of fact.” Both parties will testify, and there is often testimony from third parties as well. The Court will listen to this testimony, and then include a “Findings of Fact” section at the beginning… Read more »

Dividing Military Benefits in a Divorce – When State & Federal Law Conflicts

Posted on Tuesday, October 17th, 2017 by Tim Simonson and is filed under Divorce, Marriage, Military.

It’s not often that the United State Supreme Court makes a decision that affects how divorces are handled in Minnesota Family Courts. But, when it comes to a veteran’s retirement and disability benefits, the Supreme Court has not held back in putting the state courts in their place. The United States Constitution provides that Federal… Read more »