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Financial Issues in a Divorce – Edina Lawyer

Don’t Make Mistakes in Your Divorce – They Can Cost You a Lot of Money

We have all heard the jokes about divorce and how costly it is.  There’s the one about “yeah divorce is expensive… because it’s worth it” and countless others.  One thing that should not be taken for a joke is working through the financial issues in a divorce.  Just like custody and asset division and so many other divorce related issues, it’s so important to understand Minnesota law and how it will affect you.  Not rumors or generalizations from your friends and family… work with an experienced Edina divorce lawyer to get accurate financial information about how your divorce will affect your pocketbook and financial future.   

Temporary Support in a Divorce

If you are the spouse who has stayed home and raised the kids, or are otherwise a spouse who does NOT currently have an income, the idea of divorce can be terrifying.  You are financially reliant on this person, and now you are going to leave… how will you pay for your life?  How will you pay for your legal bills?   Temporary Support is meant to give the person who does NOT have an income the ability to have some sort of financial independence while the long-term details of the divorce are getting worked out.  To learn more about temporary support, talk to a lawyer and get a better idea of what will be available to you.   It makes the whole decision making process so much clearer when you know that your basic financial needs will be met during the divorce process. 

Spousal Support in Minnesota 

Spousal support, which is also called “alimony” is meant to help balance the difference in incomes between two divorcing spouses.  It’s based on the idea that since the two spouses were working together as a team, that the one who stayed home and raised kids and supported the household is entitled to some of the income they helped their spouse earn.  Minnesota does not have a guideline or calculator for spousal support.  There are many factors considered; ability to pay, the supported spouse’s ability to earn an income and more.   Do not make assumptions about what you will pay or receive.  Talk to an experienced local top-rated lawyer to learn more about spousal support law in Minnesota and how it will apply to your unique situation.  

Child Support After a Divorce

Child support, unlike spousal support DOES have a hard mathematical guideline in Minnesota.  The biggest conception about child support during a divorce is that there is some relationship between child support paid and the custody or visitation allowed.  To be clear, the spouse receiving child support IS NOT ALLOWED to deny visitation or a custody agreement based on child support status.  Just as the parent who is paying child support is not automatically entitled to custody or visitation just because they are paying child support.  This mistake can cause people to be in contempt of a court order or even worse commit a crime.   Do not make a silly mistake because you are upset about money.   Talk to a lawyer and make sure that you are on the right side of the law, even if your ex-spouse or child’s parent is late with child support payments.  

Cheating & Divorce: Does it Make a Difference?

In Minnesota, which is a no-fault divorce state, the courts typically do not consider marital misconduct, such as infidelity, when deciding how to divide assets or determine child custody. The fact that one spouse has cheated doesn’t have a direct impact on the outcome of the divorce. The key factors the courts focus on are more practical, like each party’s financial needs, contributions to the marriage, and the best interests of any children involved.

That said, infidelity can sometimes play a more subtle role in divorce proceedings, especially in matters where the judge has discretion. For example, spousal maintenance (alimony) could be influenced by the circumstances surrounding the breakdown of the marriage. While infidelity won’t automatically result in a larger maintenance award, a judge may be more sympathetic to the non-cheating spouse when making decisions about issues with some flexibility, like maintenance or property distribution.

Obviously, your spouse cheating is a very good REASON to get divorced, but the point of this post is simply to explain that it may not have the “winner take all” impact on your divorce from a financial or legal perspective.

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Financial Issues

There are many issues that can affect the financial issues in a divorce. Child custody and spousal support are two of the big issues for on-going financial issues. Asset division is a big part of the actual divorce process, where as support is more of an on-going issue.

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