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All property acquired by either spouse subsequent to the marriage and before the valuation date is presumed to be marital property regardless of whether title is held individually or by the spouses in a form of co-ownership such as joint tenancy, tenancy in common, tenancy by the entirety, or community property.
Common examples of dissipation of marital assets include: Concealing or hiding assets. Large purchases. Spending sprees. Money spent while conducting an extramarital affair.
"Marital" assets must be divided in a fair and equitable way. "Non-marital" assets are usually not divided between the spouses. A non-marital asset is usually awarded to the spouse who owned it before the marriage.
Minnesota law prohibits judges from considering adultery when deciding the amount and duration of spousal maintenance. In general, adultery does not affect custody or child support. Judges in Minnesota must use the state's child support guidelines, which do not include marital misconduct.
In Minnesota, courts have the authority to consider dissipation of assets when dividing marital property. In other words, the innocent spouse may be entitled to a larger share of the joint property than they would otherwise have received in order to account for their former partner's abuse/misuse of their assets.
15 Things You Should Log Everything you do on a daily basis. Copies of communications with your lawyer. Important dates regarding the divorce itself. Details about parenting your child(ren) Any documentation you acquire that can back up your parenting time notes. Details about trading off the child(ren) with your spouse.
Wasteful dissipation refers to a spouse's reckless, willful spending of marital funds. Typically, this spending occurs before either spouse files for divorce. When a spouse commits wasteful dissipation, they are not accumulating property. The entire point is to simply have less money left over after the divorce.
What You Should Include in a Divorce Letter Start the letter with something like ?The previous night was tough on me. ... An explanation of your decision. ... How to proceed with the next steps. ... Your name, your spouse's name, and the date you sent the letter.