Property Division
Minnesota Courts must strive to make just and equitable divisions of marital debts and assets. To determine what is just and equitable, the court will look to the following factors:
- Length of marriage;
- Any prior marriages of a party;
- Age of each party;
- Health of each party;
- Station and occupation of each party;
- Amount and sources of income of each party;
- Vocational skills and employability of each party;
- Estate of each party;
- Liabilities of each party;
- Opportunity for future acquisition of capital assets and income of each party;
- Contribution of each party in the acquisition, preservation, depreciation, or appreciation in the amount or value of the marital property; and
- Contribution of a party as a homemaker.
While each spouse is conclusively presumed to have made a substantial contribution to the acquisition of property and income while living together, this does not mean they are presumed to have made an equal contribution. Thus, unequal distributions are upheld based upon disproportionate contributions to the acquisition of income and property. Of course, Courts are not required to evenly divide the marital estate. However, most generally attempt to award each party a substantially equal portion of the estate. If a disproportionate division is made, the trial court must make justifying findings.
