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Division of Marital Property in MN Divorce

Quick Facts

Property division is a major part of most divorces.
The factors are weighted according to the individual importance in each case.
Some factors may be given more weight than other factors in determining what is just and equitable.

In Minnesota, during a dissolution of a marriage, an annulment, or in a proceeding for disposition of property following a dissolution of marriage by a court that lacked personal jurisdiction over the absent spouse or lacked jurisdiction to dispose of the property and than later acquired jurisdiction, the court will make a just and equitable division of the marital property of the spouses. The court divides the property without regard to marital misconduct, after making findings concerning the division of the property.

Factors the Court Considers

The factors are basically the same for both marital property and for nonmarital property divisions. The court bases its decision on all relevant factors, including the following:

length of the marriage
any prior marriages
age
health
station
occupation
amount and sources of income
vocational skills
employability
estate
liabilities
needs
opportunity for future acquisition of capital assets
income of each party

The court also considers the contribution of each in the acquisition, preservation, depreciation or appreciation in the amount or value of the marital property, as well as the contribution of a spouse as a homemaker. The court conclusively presumes that each spouse made a substantial contribution to the acquisition of income and property while they were living together as husband and wife. The court may also award to either spouse the household goods and furniture of the spouses, whether or not acquired during the marriage.

The court will value marital assets for purposes of division between the spouses as of the day of the initially scheduled prehearing settlement conference, unless a different date is agreed on by the spouses, or unless the court makes specific findings that another date of valuation is fair and equitable.

If assets substantially change in value between the date of valuation and the final distribution, the court may amend the valuation of that asset as necessary to produce an equitable distribution.