What am I Entitled to If I Divorce My Husband in Minnesota?
Ending a marriage is life-shattering. Especially when you planned a future forever with one person. Now everything gets questioned – where you’ll live, how you will co-parent, how to move along solo. It hits hard.
If conflicts arise over splitting stuff up? The legal battles may leave you feeling defeated. But we want to offer hope during uncertain times. There are laws to protect you here.
This guide will explain what you can claim when divorcing your husband. So you don’t leave the marriage stripped of everything you need to heal.
How Marital Property is Divided in a Minnesota Divorce
Minnesota follows an “equitable distribution” system for the division of marital property in divorce. This signifies that marital assets and debts will be distributed fairly, though not necessarily in an equal or 50/50 fashion between the spouses. The court must determine what division of property will be “just and equitable” based on the specific circumstances of your marriage.
Some key things to know about property division in a Minnesota divorce:
- All marital property will be divided – This includes the marital home, vehicles, investments, retirement accounts, and any other assets acquired during the marriage.
- Separate property is not divided – If you or your spouse owned assets before marriage or inherited property, those separate assets are typically awarded to the spouse who originally owned the property.
- Debts are divided – Marital debts like mortgages, car loans, and credit cards are also subject to division. The court may assign responsibility for repaying debts to one spouse or the other.
- The court considers various factors – The length of the marriage, each spouse’s income and financial needs, who was primarily responsible for managing assets, tax implications, and other factors will impact property division.
- The division does not have to be 50/50 – One spouse may receive a larger share of assets. For instance, a spouse who was primarily a homemaker may be awarded more than 50% of marital assets.
While Minnesota law presumes an equitable split, the actual percentage each spouse gets can vary significantly based on the details of your case. An experienced Minnesota divorce attorney can help you understand what a fair settlement may look like in your situation.
Spousal Maintenance: Determining Alimony in Minnesota
Spousal maintenance, also called alimony, is funds paid by one spouse to the other spouse for financial support. Many divorcing couples in Minnesota reach agreements on spousal support, but when an agreement can’t be reached, the court will decide if one spouse should pay the other alimony.
The court considers factors like:
- The length of the marriage
- Each spouse’s income, education, health, and future earning potential
- The division of marital property
- The standard of living established during marriage
- Whether one spouse delayed their education or career for the marriage
Alimony can be temporary or longer-term. Temporary spousal maintenance may be awarded to cover living expenses as the lower-earning spouse transitions out of the marriage. Permanent alimony until death or remarriage may be ordered in long-term marriages where there is a large discrepancy in incomes.
There are no hard-and-fast rules under Minnesota law about who will receive spousal support or the dollar amount and duration of alimony after divorce. Consult an experienced attorney to discuss what type of maintenance you may be entitled to.
Child Custody in Minnesota Divorces
When minor children are involved in a divorce in Minnesota, establishing a child custody arrangement is required. Minnesota family law courts determine custody based on the best interests of the child.
Possible arrangements include:
- Shared legal and physical custody – Both parents share in making major decisions and have close to equal parenting time. This is common when co-parents are cooperative.
- Sole legal and physical custody to one parent – One parent is responsible for legal decisions, and the child lives primarily with them. The other parent typically has visitation rights. This may occur if one parent is unfit or unable to care for the child.
In determining custody, the court will assess factors like the child’s preferences, the parent’s ability to meet the child’s needs, domestic violence issues, and other considerations. Consulting an attorney can help you understand your rights and navigate this complex process.
Child Support Payments After Divorce
The parent who does not have primary physical custody of a child will typically be ordered to pay child support to the custodial parent.
Minnesota utilizes an income-shares approach to calculating child support amounts based on:
- The incomes of both parents
- Health care expenses
- Child care costs
- Other factors
You can get an estimate of potential child support amounts by using Minnesota’s child support calculator. However, getting legal advice is important to determine child support rights. For instance, the court can deviate from standard support amounts if parenting time is split more equally.
Child support is crucial to ensuring your children’s needs are met, so having an experienced family law attorney to advise you is highly recommended.
Working With a Minnesota Divorce Lawyer for a Fair Settlement
Divorcing spouses have many important decisions to make about how marital property will be divided, whether spousal maintenance is appropriate, and crafting a custody arrangement for any children involved.
While you may reach agreements with your spouse on some matters, having an experienced divorce lawyer helps ensure your rights are protected.
Our divorce attorneys at Martine Law have extensive experience representing wives navigating divorce in Minnesota. We invite you to schedule a consultation with us to discuss your rights and options for divorce. Contact us today to get started.