Understanding a Wife’s Legal Rights in a Minnesota Divorce
Every divorce is unique. While the laws are consistent, their application depends on many factors. For example, was there a prenuptial agreement? Did the couple own real estate or a business? Did they have children?
It’s important to note that splitting assets during a divorce in Minnesota is not handled based on gender. Rather, the courts determine the result based on the ideal of equitable distribution.
Here’s a guide to what a wife may be entitled to in a divorce in Minnesota, based on our family law firm’s extensive experience.
How Prenuptial Agreements Can Impact a Wife’s Divorce in Minnesota
Did you sign a prenup before you were married? If so, your prenuptial agreement could dramatically affect what you’re entitled to. However, the prenuptial agreement must be found to be enforceable in Minnesota family law courts.
If You Have a Prenup
If you are considering a divorce and have signed a prenup, share your prenup with your lawyer as soon as possible. They’ll want to make sure the prenup meets legal standards, such as:
- It was properly witnessed and notarized.
- It was done prior to the wedding.
- It’s based on a full and fair financial disclosure, which means that both spouses had fully disclosed their earnings, assets and debts. If one spouse hid assets, the prenup may not hold up in court.
If your prenuptial agreement does not meet the strict standards required by law, the courts may not follow it. Your lawyer will be able to tell you whether the prenuptial agreement will likely be enforceable.
If You Don’t Have a Prenup
If you didn’t sign a prenup, your divorce will follow standard Minnesota law regarding marriage dissolution. This means that the court will consider your specific circumstances and come up with a fair solution to property, businesses, child support and alimony. Let’s take a closer look at each.
How Property Is Divided in a Minnesota Divorce
Minnesota courts divide marital property “equitably” in a divorce. Equitable distribution does not necessarily mean 50/50. It means fair.
The court can consider various scenarios, like future earning potential. It can also consider whether one spouse intentionally spent down assets during the divorce process (often called “marital waste”). Then, it’ll make a determination that seems equitable.
How Is Marital Property Divided When There is No Prenup?
Many divorcing spouses calculate the value they’re each entitled to, then divide marital assets accordingly as part of mediation. For example, one spouse may stay in the family home while the other takes a larger share of other assets. Some divorcing spouses choose to sell the family home and divide the proceeds accordingly.
Remember, too, that not everything is marital property to be divided. Property that you or your spouse owned before the marriage is not considered marital property. Neither is property that either of you received as a gift or inheritance.
Take trusts, for example. Generally, wives are not entitled to a trust their spouse had before the marriage and funded with non-marital property (like a parent’s wealth). On the other hand, if they started the trust during the marriage using marital assets, wives may be entitled to an equitable portion.
Dividing a Family Business in a Minnesota Divorce
Businesses are complex entities that can be worth quite a bit of money, so they are often a contentious part of divorces. In the simplest terms, though, it is just another asset to be valued and distributed.
How Is a Family Business Divided When There is No Prenup?
To divide these effectively, lawyers often consult experts who can value the business. Then, things like ownership and business value are split based on your individual contribution to it.
Business valuation can be especially complicated for wives because much of women’s labor is often “hidden.” For example, maybe the wife cared for the kids and ran the household so the husband could work. Maybe she provided great ideas around the kitchen table, which he then put into action during business hours.
A good lawyer can acknowledge these hidden contributions and ensure they’re included when determining what each spouse is entitled to.
Child Support: What Wives May Be Entitled To
If you get custody of your children, you may receive child support, no matter which spouse you are. Support is based on who has the child and who takes care of things like medical bills and day-to-day costs.
How Is Child Support Determined?
The amount of support is calculated based on the Minnesota Child Support Guidelines Calculator. The calculator takes many things into account, including:
- The number of children.
- The cost of healthcare and dental coverage.
- Whether you and your ex have equal parenting time.
Are Wives Entitled to Alimony in Minnesota?
Unlike child support, alimony (also called spousal support or spousal maintenance) belongs to the spouse. It is often used to ensure greater equity during and after a divorce.
How Is Alimony Determined When There Is No Prenup?
As with other parts of the divorce process, alimony payments are determined by examining several factors and establishing a fair arrangement. For example, if both spouses can work and have similar financial assets, alimony may not be required.
The most common type of alimony is “temporary maintenance.” This is ordered for a set period to help one spouse become self-sufficient. For example, if a wife gave up a career to stay home with the kids, she may receive temporary maintenance to support her while she returns to school to learn more job skills.
Permanent maintenance is much rarer in Minnesota. Courts only tend to order it for older couples separating, commonly referred to as a “gray divorce.” For example, a lifelong homemaker divorcing her husband of 50 years may receive permanent maintenance.
Wondering What You’re Entitled To? Talk With a Lawyer.
The best way to learn what you’re entitled to during your Minnesota divorce is to talk with an attorney. Our Elk River-based White & Associates team can help. We represent clients to help them achieve the best possible results in divorces and other challenging family law matters.
To learn more about our services, call us at 763-241-0477 or contact us online.
