Common Misconceptions in Minnesota Divorces

Curiosity got the best of me, and I watched the first episode of All’s Fair—a new divorce legal drama that made headlines for receiving a 0% score on Rotten Tomatoes. The jury is still out if this show is self-aware satire or just plain bad television. But what interested me is how the show, and Hollywood more broadly, gets so much wrong about divorce law. It made me reflect on the common misconceptions I see when I meet with potential clients for an initial consultation:

1.      “This was a gift from my spouse, so it’s mine after the divorce.”

While it may seem counterintuitive, a gift from one spouse to the other is not treated as the recipient’s nonmarital property in a divorce. Instead, Minnesota law treats gifts between spouses as marital property, which means the value of these “gifts” is subject to equitable division at the time of divorce.  

2.      “Only my name is on the title to the home, so it’s mine in the divorce.”

Minnesota law does not characterize property as “marital” or “nonmarital” based on how the property is titled. It does not matter if a home is titled in only one spouse’s name, it is presumed to be marital property. To the extent a spouse may have a nonmarital interest in the home, they have the burden of tracing and proving their nonmartial interest.

3.      “My spouse cheated, so I should get everything.”

Minnesota is a no-fault divorce state, which means either spouse can get a divorce for any reason. Proof of wrongdoing is not required. In fact, Minnesota’s statute on property division requires the court to “make a just and equitable division of the marital property of the parties without regard to martial misconduct.” That being said, if a spouse can prove the other spouse spent marital assets on the affair, they may be able to make “dissipation” claim and require the other spouse to compensate the marital estate.

4.      “That debt is in my spouse’s name, so it’s their responsibility.”

Minnesota courts typically treat debt incurred during the marriage as a marital debt, regardless of whether it was an individual or joint debt. One exception to this general rule is if the debt benefited only one of the parties. For example, if a spouse took out student loans (and the couple did not use the loans for their living expenses), the loans may be characterized as the nonmarital debt of the spouse who will continue to benefit from them after the divorce (i.e., improve their earning capacity and career potential).

5.      “I bought everything during the marriage, so it’s all mine.”

Clients are often surprised to learn that income earned during the marriage is marital property. This means that assets purchased, and accounts funded, with one spouse’s paycheck are marital property and subject to equitable division in a divorce. Even if one spouse does not work outside of the home, the other spouse’s income will still create marital property.

These are just a few examples of how Minnesota law differs from common assumptions about divorce law, which are often shaped by pop culture. However, every situation is unique and there are many nuances in family law. If you have questions about the divorce process, please contact Bravura Group, P.C. for an initial consultation.