Am I Entitled to Spousal Support/Alimony?
March 5, 2014 | Elizabeth A. SchadingNobody is necessarily “entitled” to spousal support—spousal support awards are always at the judge’s discretion. However, there are a few “tests” that can be applied to your specific case to determine whether or not it is likely that the courts will award spousal support for your Minnesota family law case. First, there’s a means test. Will you have enough income/resources to provide for your needs without spousal support? The means test would include your assets after marital property is divided, your employment or income, and any non-marital property that you may have. Second, there’s an ability test. Are you able to generate income? If you’re at home caring for a special needs child, or if you’ve been a homemaker for twenty years and don’t have the education or training to secure gainful employment you may be a candidate for spousal support. In addition, spousal support doesn’t necessarily last for the rest of your life. It may only last for enough years to get you the education and training that you need. If you’re a candidate for spousal support at all there are still a number of factors the judge will consider before awarding an amount. Those factors include the length of time that you’ve been married, the standard of living that you had…
Read MoreWhat is Parental Alienation?
February 25, 2014 | Elizabeth A. SchadingParental alienation is a psychological term, not a legal term. It covers instances where one parent engages in a focused campaign of psychological manipulation to actively turn a child against the other parent. The motivations behind this are many. Sometimes it is used as a weapon during a custody dispute. Sometimes this action arises as a result of a parent’s anger. Cases can range from mild to severe. Alienation is distinguished from estrangement. In cases of Parental Alienation Syndrome the alienating parent might say things like, “Mom or Dad left because they doesn’t love us/love you.” The alienating parent may also disclose details of the divorce case to the child, in the hopes of making the child angry with the other parent. Parental alienation can have severe psychological consequences for children when in fact, the child should be encouraged to have a relationship with both parents. Estrangement is different. Estrangement is a result of the parent’s own actions. Usually the estranged parent does not make contact with the child a priority. Sometimes an estranged parent will accuse the other parent of alienation when the child expresses anger, even though the anger is a reasonable result of the estranged parent’s decisions to avoid taking advantage of parenting time or to avoid contact. Legally, invoking…
Read MoreHow Can I protect My Retirement Assets in a Minnesota Divorce?
February 21, 2014 | Elizabeth A. SchadingThis is a complicated question. There’s no action that you can take that will guarantee that you get to keep every cent of your retirement account. However, there may be things that you can do to keep more of your retirement account. Retirement accounts are often mixed property. Retirement accounts are often a mix of marital and non-marital property. This can help you keep more of your retirement account when assets are divided. Though there are situations where the court will award a portion of non-marital property to the spouse (up to ½) it seldom happens. So if you can prove that a portion of your retirement account is non-marital property you may keep more of that money. To do this you will have to gather all of your financial records, and you may need to consult with an accountant. It is up to you to prove that the property is non-marital. Make it a priority. If your retirement assets are your biggest priority, ask yourself what you’re willing to give up in order to keep all, or most, of that money. You may be able to put together and offer an equitable distribution package that your spouse will accept. Consult your attorney for help with this. Make sure the accounts are valued…
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