Category: Divorce
The Benefits of Prenuptial Agreements
March 1, 2024 | Jason C. Brown
Prenuptial agreements, often referred to as “prenups,” are legal documents designed to outline the division of assets and financial responsibilities in the event of divorce or the death of one spouse. While some people may view prenups as something that is negative or unnecessary, prenups can offer significant benefits for couples entering into marriage. Continue reading as we explore the benefits of prenuptial agreements. Asset Protection One of the primary benefits of a prenuptial agreement is the ability to protect your assets that you acquired before your marriage. This is important for individuals who have substantial assets, such as real estate, investments, or business interests. A prenup will specify which assets will remain separate property and which will be considered marital property, providing clarity and protection in the event of divorce. Debt Protection In addition to protecting assets, a prenuptial agreement addresses how debts will be handled during the marriage and in the event of divorce. Without a prenup, spouses may be liable for each other’s debts accumulated during the marriage, even if they were incurred independently. A prenuptial agreement can specify that each spouse will be responsible for their own debts, providing peace of mind and financial security. Protection of Your Family Assets Individuals with children from previous relationships may use prenuptial…
Read MoreHow Does the Court Determine Spousal Maintenance?
October 27, 2023 | Jason C. Brown
Spousal maintenance, also known as alimony, is an emotionally charged issue some divorce litigants may face. The person being asked rarely wants to pay, while the person seeking spousal maintenance believes they need it. So, how does the court determine spousal maintenance? Keep reading to learn more. No Real Blueprint The tricky thing about spousal maintenance is that there is no specific formula set forth in the law. While the issue of child support is addressed by a very specific mathematical equation, alimony is not. However, the following framework may be helpful. The starting point when considering an award of spousal maintenance involves an examination of the needs of the requesting party. That party must put together a summary of anticipated monthly expenses following divorce, and the budget must be reasonable. The reasonableness of a budget is measured against the standard of living the parties enjoyed during the marriage. Next, the requesting party’s income, or potential income, is considered. The law provides that those seeking an award of spousal maintenance must be as meaningfully employed as possible. That usually means full-time employment in line with a litigant’s educational background and work experience. If the party seeking alimony is not so employed, the court may impute income equal to their potential earnings. Determining Need…
Read MoreWhat is Involved in Appealing the Outcome in a Divorce
October 16, 2023 | Jason C. Brown
While the vast majority of marital dissolution actions are resolved through agreement of the parties, some cases require a trial. After trial, the judge assigned to your case will issue their Findings of Fact, Conclusion of Law, Order for Judgment, and Judgment and Decree. But what happens if you aren’t in agreement with the findings? Keep reading to find out what is involved in appealing the outcome of a divorce. What Can You Do if You Find Yourself at Odds with the Decision of the Court? A litigant may file number of post-trial motions, such as a motion for amended findings or a motion for a new trial. However, the most common step involves filing a motion with the Minnesota Court of Appeals. Every litigant has the right to file an appeal if they are dissatisfied with a district court order. The appellate process begins by serving and filing a Notice of Appeal with the district court and providing proof of doing so to the appellate court. That simple document provides the relevant case caption, names of the litigants, and names of the attorneys responsible for handling the case. In addition to the Notice of Appeal, a Statement of the Case must be submitted to the appellate court administrator. These instructions outline, in…
Read More