There are many issues at stake whenever a couple decides to seek a divorce. Even if the separation is amicable, thorny issues such as alimony, child support and property division can complicate the process. However, Minnesota courts use a variety of factors in order to decide what is fair and equitable property division. But exactly what property division factors does a court utilize when deciding this very important issue?
The first factor that a Minnesota court considers is how long the couple was married. If the marriage was brief, the couple may not have a great deal of property to divide up. However, if a couple was married for a long time, they may have extensive real estate holdings and other assets. Dividing up property like this may require considerable thought from the court.
Another factor a court will consider is the job skills and employability of each spouse. If both parties have equivalent positions or have the potential to have similar jobs and income, the court may decide to divide all of the marital property equally. However, if one of the parties is at a distinct disadvantage from an employability perspective, the court might consider awarding more property to this spouse because it believes that he or she is at a financial disadvantage.
Two other factors that can influence property division include how old the couple is and whether either of them was married previously. However, any Minnesota resident who is considering getting a divorce may want to speak to a family law services attorney so that they can get a better understanding of all of the factors that can help decide property division.
Source: hg.org, "Minnesota divorce law", Accessed Nov. 14, 2015