Protecting Non-Marital Property in a Minnesota Divorce

Posted by AYG

[vc_row][vc_column][vc_column_text]In a Minnesota divorce, the court divides marital property fairly between the spouses. Non-marital property generally stays with the spouse who owns it. The difference can be worth a great deal, but a non-marital claim succeeds only if it can be proven. Here is what qualifies, and why "tracing" matters. What counts as non-marital property? Minnesota starts with a presumption: anything either spouse acquired during the marriage is marital, no matter whose name is on it. Under Minn. Stat. § 518.003, property can be non-marital if it was: owned by one spouse before the marriage; a gift, bequest or inheritance made to one spouse...

27 October

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Spousal Maintenance in Minnesota: How Courts Decide Amount and Duration

Posted by AYG

in Family Law

Attorney Adam Galili meeting with clients during a consultation

[vc_row][vc_column][vc_column_text]Spousal maintenance (Minnesota's term for alimony) is one of the most uncertain parts of a divorce. Unlike child support, there is no formula that produces a number. Judges have wide discretion. In 2024, though, the Minnesota Legislature changed the maintenance statute in ways that make outcomes more predictable, especially on how long maintenance lasts. Here is how it works now. Step 1: Is maintenance appropriate at all? Under Minn. Stat. § 518.552, a court may award maintenance only if the spouse asking for it: lacks enough property, including the property they receive in the divorce, to meet their reasonable needs given the standard...