Going through a divorce can be an overwhelming and emotional process. One of the most challenging aspects for many couples is deciding how to divide up assets and property that were accumulated during the marriage. This is especially true for women who may be wondering what they are entitled to in a Minnesota divorce settlement.
Understanding your rights and how property is divided is crucial to getting a fair settlement. Here is an overview of what a wife is typically entitled to in a divorce in Minnesota.
Equitable Distribution of Marital Property in Minnesota
Minnesota follows the “equitable distribution” model for dividing marital property in divorce cases. This implies that marital assets and debts are distributed in an equitable, or just, manner between the spouses.
An equitable distribution does not necessarily mean an equal 50/50 split. Rather, the division is based on what the court determines to be fair after considering factors like:
- Length of the marriage
- Age and health of each spouse
- Income and earning potential of each spouse
- Contributions each spouse made to acquiring assets
- Contributions as homemaker and to the family
Marital property generally includes assets and debts acquired during the marriage by either spouse. This can include the family home, retirement accounts, investments, businesses, cars, jewelry, furniture, and more.
Separate property that was acquired before the marriage or received as a gift or inheritance during the marriage is typically awarded to the spouse who originally owned it.
So in an equitable distribution state like Minnesota, a wife is generally entitled to a fair share of the marital estate. An experienced divorce lawyer can help ensure you get your entitled share by providing evidence of contributions made throughout the marriage.
Is a Wife Entitled to Alimony in Minnesota?
In a Minnesota divorce, in addition to a portion of marital property, one spouse might be entitled to receive spousal support or alimony. The purpose of alimony is to help provide financial support at a standard of living comparable to during the marriage.
There are a few different types of alimony in Minnesota:
- Temporary alimony – Support paid during the divorce process before the final decree.
- Rehabilitative alimony – Short term support to help spouse regain financial independence.
- Permanent alimony – Ongoing support paid for a spouse’s lifetime or until remarriage.
- Reimbursement alimony – Compensates a spouse for supporting the other through school or career advancement.
Whether a wife will be awarded alimony depends on factors such as the length of marriage, each spouse’s income and education, contributions as homemaker, and the marital standard of living.
In long-term marriages of 20 years or more, permanent alimony is more likely to provide support at the marital standard. For medium length marriages of 10-20 years, rehabilitative alimony may help the lower-earning spouse regain financial stability.
An experienced divorce attorney can request alimony on your behalf and provide evidence to support an alimony claim.
How Much Child Support Is a Wife Entitled to?
If you have minor children together, child support will need to be determined as part of the divorce settlement. Minnesota has child support guidelines that determine the basic amount owed based on both parent’s incomes and the number of children.
Additional expenses like health insurance and childcare costs are also factored in. The parent who has primary physical custody typically receives support from the other parent. Even in split or joint custody arrangements, one parent may owe support to balance financial contributions.
The court will issue a child support order determining how much the non-custodial parent must pay. This amount can be negotiated in mediation but will ultimately need court approval.
Failure to pay court-ordered child support can result in wage garnishment or other legal actions against the parent violating the order.
An aggressive divorce lawyer will fight to get you the child support your children deserve. We handle negotiations and court hearings to get a favorable child support outcome for clients in a wide range of cases.
How Martine Law Can Help Protect Your Rights in a Divorce
Going through a divorce in Minnesota can seem overwhelming, especially when you aren’t sure what you may be entitled to receive in a settlement. The experienced family law attorneys at Martine Law are here to protect your rights and get you the maximum property division, spousal support, and child support you deserve.
We have successfully represented clients in a wide range of divorce cases, from simple uncontested agreements to highly complex litigation. Our attorneys will aggressively represent your best interests in property division, valuations, and negotiations.
Don’t go through this alone. Contact us today to schedule a free consultation and learn how we can fight to get you a favorable settlement. We serve across the Twin Cities metro area and greater Minnesota.
