Legal Question in Family Law in Minnesota

My husband and I are getting a divorce after 32+ years of marriage. We are keeping the divorce amicable. We have a high net-worth and have identified how we are splitting everything up. We have two houses, both have equivalent contents and both have the same county market value, which is what we used for the value. There is a large sum of money in savings, investments, and IRAs that were also split. We left IRA's in each persons name and offset with other assets (less liabilities) to keep everythig 50/50. Because my IRA's are considerably higher in value than my spouse, he ended up to the majority of the cash in our savings. He cannot live at the lakehome because of the distance from his work. He is now asking me to cover 1/2 of his moving expenses, including things he will need to buy in order to have a place to live in the cities. He says that these are things that should be covered as part of the divore. I don't agree. We are splitting everything 50/50. Are moving expenses and ammenities my spouse will need to live in the cities usually split by both spouses, or is my spouse asking for too much. I do want to do what is fair, and it seems to me that since we are both financially well off, that the 50/50 split of our assets less our liabilities is fair.


Asked on 3/28/12, 7:22 am

1 Answer from Attorneys

Heidi Swisher Joslin & Moore Law Offices

There is nothing in the statutes that state that you have to pay for his moving expense or other expenses since he has to live in the cities. It sounds like you have made an equitable and just distribution of your assets which is what the statutes do require. What you have to keep in mind is that if you do not agree on the terms of your divorce, you will have to go to trial over whatever terms you cannot agree upon. If it comes to that, you have to consider whether it is worth the time and money to have a trial over moving expenses and other amenities. I suggest that if you cannot come to an agreement, seek out the services of a mediator. Are these items typically divided? I have never had a case where this has been done. Can you agree to this? If you want to. If agreeing to this will get your divorce done without a trial, it might be worth it. You may want to offer to pay a certain dollar amount and nothing more because what is to stop him from buying expensive items for his new place if he knows you are going to pay half.

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Answered on 3/28/12, 7:43 am


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