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property division
A pension is a regular payout made during an employee’s retirement.  There are different types of pension plans, and each one provides a range of options for the employee.  For example, a vested pension is one that survives the voluntary or involuntary termination of the employee.  Alternatively, a matured pension is a pension that an employee has an immediate...
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A Qualified Domestic Relations Order or QDRO (pronounced “Kwa-Drough”) is a technique attorneys use to shift ownership of funds from one party’s retirement account to another.   A  QDRO is typically used to move funds during marriages, child support cases, and spousal support settlements between former and current spouses. The party who owns the retirement account...
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Cheating scandals are commonplace in the news today, and many of these couples opt for a divorce.  While infidelity takes certain emotion and physical tolls, it may have a varying effect on divorce settlements and payments. A No-Fault State Minnesota is considered a “no-fault” state when it comes to divorce, meaning that a couple can...
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Sometimes, clients will believe that if their name is removed from the title of the home, then they are removed from the liability of the home (i.e. the outstanding mortgages or home equity lines of credit). Unfortunately, this is not the case. Your divorce decree can divide up property and determine the disposition of the home; however,...
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Marital property is any property that is acquired during the marriage. If during your marriage you and your spouse purchase a home, then this home is considered “marital property.” If during the marriage, you start a new job and receive a retirement account through your position, the retirement account is considered “marital property.” Non-Marital vs. Marital...
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Often when parties get divorced, the value of any property is split down the middle; each party gets about 50% of the assets and debts from the marriage. This can get more complicated, however, when assets were owned by one party prior to the marriage and maintained through the marriage. How do you place a value on...
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Often at the time of divorce, both parties want to stay in the marital home. What happens then? How can you force one party to leave? If the home was purchased during the marriage, it is marital property. Likewise, if it was purchased prior to the marriage but the parties resided in it, there is a...
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In a divorce proceeding, a personal injury settlement can represent a large amount of money that will have to be divided between the parties. Usually, this type of settlement occurs in Personal Injury or Workers Compensation cases. In Minnesota, a personal injury survivor can recover for a variety of losses including: past and future wage loss, past and future...
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