In Minnesota, both spouses are entitled to a fair and equitable division of the marital assets — this includes, but is not limited to, the marital home, retirement funds, pensions, businesses, and debts, regardless of in whose name those assets or debts are held. The only items excluded from the division are assets and debt identified as non-marital. The person claiming the non-marital interest has the burden of proving it.
In Minnesota, assets (and liabilities) are divided equitably in a divorce — not necessarily equally.
Either spouse may also be entitled to spousal maintenance (alimony) depending on the reasonable need of the party seeking maintenance and the ability of the other party to meet that need. Spousal maintenance is controlled by a variety of factors, but is not subject to a formula. Child support is determined by a formula set forth in the statute based upon the gross income of each party and the amount of parenting time each has with the child or children.
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