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Equitable distribution in Minnesota


For Minnesota residents who are about to enter into a divorce, there are many questions that may weigh heavy on their minds. For some, it is important that they obtain spousal support, so that they can continue to enjoy the same quality of life they were accustomed to before giving up a career to raise the family. For others, it may be important to ensure that child custody cases play out a certain way so that the best interests of the child are protected.

Many, too, have certain desires when it comes to how property is to be divided in divorce. There are many assets that a soon to be divorced spouse may not wish to part with. These can include anything from the family house to a car or even a boat. Understanding the laws involved in property division can help these divorcing spouses decide how to best proceed.

In Minnesota, property division is handled by what is known as equitable distribution. With equitable distribution, a judge decides how to divide property. Rather than in some other community property states, where the property is split in two, in Minnesota a judge decides what is fair and equitable, which can vary greatly from case to case. Sometimes, the split can be close to two-thirds going to one spouse and one-third to the other, rather than a simple fifty-fifty.

There are certain ways to fight to have a person's interests protected in property division cases. When a property division case goes to court, spouses may choose to have an attorney advocate of their behalf. Sometimes, ensuring that a property division case goes smoothly and in line with a person's interests requires careful planning.

Source: FindLaw, "Divorce Property Division FAQ," Accessed on April 24, 2017

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