Would The Working Spouse Or The Paying Spouse Of Child Support Or Alimony Be Required To Provide The Same Lifestyle For The Stay-At-Home Parent In A Divorce Case As He Or She Had During The Marriage?
In the state of Minnesota, the child support statutes and guidelines consider things like the needs of children or the income of each party when determining child support or alimony.
However, these statutes and guidelines do not consider the standard of living of each household as a determining factor.
The standard of living may be a consideration in a court proceeding as an influential factor, but it is not a controlling factor and is not considered a guideline for support or alimony.
How Is The Value Of What The Caretaker Spouse Provides To The Family Determined In A Divorce When It Comes To Division Of Assets And Child Support Or Alimony Matters?
The value to a caretaker spouse’s ability to provide for the family is not explicitly considered in the division of assets and support matters.
When determining the need for or amount of alimony, the two parties are looked at as individuals to see if they can be self-supporting. In these cases, the court considers the health and training of the spouse requesting support, their ability to work, their work history, their resume, and their financial needs.
Because of this, trust beneficiaries, for example, rarely get spousal support.
A spouse’s ability to pay is a major factor when determining alimony. Therefore, even in cases where one spouse is eligible for (and has every right to) spousal support, it may not be ordered if the other spouse does not have the financial ability to pay it.
Child support is generally affected most by each parent’s amount of parenting time under the custody agreement. Therefore, this factor can be the primary source of “upset” in the majority of cases.
There are situations in which a working parent has more parenting time and a greater share of custody. When a working parent has more than half of the parenting time, they will often be the parent that receives child support.
Because of this, being the parent who provided the majority of care during a marriage ceases to be a factor after the divorce, unless that parent continues to be the children’s primary caretaker.
If I Leave My Spouse And Technically Leave My Marital Home, Is This Considered Abandoning A Property Or A Title In Minnesota If We Do Move To Divorce?
Leaving your marital home is not considered abandonment of property or a title in Minnesota. All income and assets accrued by both spouses during a marriage are considered marital property. (This is with the exception of any gifts to one spouse that are kept separate from the marriage.)
Because of this, your marital home will be considered a part of your marital property even if you leave it throughout your divorce or separation.
My Spouse Moved Out And We Are Filing For A Divorce, Can I Change The Locks On Our Marital Home?
It is within your right to change the locks to your marital home when a spouse moves out during the process of a divorce. However, it is important to know that this is done at your own risk.
People may choose to change the locks on their house to protect their belongings from being taken or tampered with. While this may be useful, it does not legally prevent your spouse from trying to enter the house.
Unless a Domestic Violence order is in place, each spouse legally owns the home until the divorce is finalized. Therefore, your spouse cannot be arrested for attempting to enter or breaking into the house. If this happens, you have no legal recourse because you’re essentially locking someone out of their own home.
If there is an issue of Domestic Violence, you should bring that matter to the court as soon as possible. There are protections that can be put into place, and the rules for contact will change.
I Had To Move Out Of My Home Quickly When I Left My Spouse. Is There Anything I Can Do To Ensure My Property Is Protected From Damage, Sale Or Disposal By My Spouse?
It is important to do what you can to ensure that your home is protected from drastic action taken by your spouse, but there are few legal options available to ensure that the value of a property will be maintained.
In a state like Minnesota, where weather conditions can be damaging, it is essential to ensure that someone maintains the property. To do this, you may continue to make payments on the mortgage or go and physically check in the property to determine how it is being
Will It Impact The Distribution Or Division Of Assets In My Divorce If I’m Not Listed On The Title Of Our Home In Minnesota?
The names listed on the title of a home should not typically impact the division of assets in a divorce. What will impact the division of the home as an asset will be the length of the ownership of the home and the length of the marriage.
Suppose a house was purchased before the marriage; the equity in the home before the parties were married could be considered the property belonging to the spouse who owned that home during that time. However, any equity, whether passively or actively gained during the marriage, is divided between the parties in an equitable way.
For more information on Family Law In Minnesota, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (651) 337-8804 today.
Call Now To See How We Can Help Protect Your Family!