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Minnesota Property Distribution Laws

A Minnesota divorce Court will divide all marital property "equitably". Separate property is not divided but is retained by the party who acquired the property. Separate property is that which was acquired prior to the marriage, obtained by gift or inheritance or any property that was exchanged for a separate property item or the increase in value of any separate property item. In dividing marital property, a Minnesota divorce Court will consider:

• the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker;

• the economic circumstances of each spouse at the time the division of property is to become effective;

• the length of the marriage;

• the age and health of the spouses;

• the occupation of the spouses;

• the amount and sources of income of the spouses;

• the vocational skills of the spouses;

• the employability of the spouses;

• the liabilities and needs of each spouse and the opportunity of each for further acquisition of capital assets and income;

• any prior marriage of each spouse; and

• any other factor necessary to do equity and justice between the spouses.

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