Evolving Family Law Podcast

Unblurring the Lines: Clarifications and changes to the Custody and Parenting Time statutes in Minnesota. In this episode of Evolving Family Law, Moss & Barnett Attorneys Jana Aune Deach and Jim Vedder discuss recent changes to the Custody and Parenting Time statutes in Minnesota.

In todays episode we discuss the applicability of the Minnesota Uniform Fraudulent Transfers Act to marital dissolution proceedings and explore how and when a court might look at how the division of assets and debts might appear to be an attempt to defraud a creditor in a bankruptcy proceeding.

In this episode of Evolving Family Law, the discussion digs deeper into the case law addressing modification of spousal maintenance upon the retirement or impending retirement of an obligor. This episode particularly addresses the Lee Case and the facts and rulings held by the Supreme Court addressing retirement and modification of spousal maintenance. Additional discussion addresses Justice Dietzen's concurrence and his discussion addressing not only defined benefit plans, but defined contribution plans and how as practitioners we should be providing information and guidance to the court as to distinctions and how the appreciation of those retirement assets may be different from the income that is earned on those assets.

With the volume of baby boomers who will be retiring in the next few years, spousal maintenance modifications due to retirement and has become  an significant issue for family law courts in Minnesota.  How do you modify spousal maintenance when you are looking at retirement? At what age can you retire? How does current case law give us insight as to how and when a spousal maintenance payor can retire in good faith?

Jim Vedder and Jana Aune Deach explore procedure and substantive fairness requirements for Prenuptial Agreements in Minnesota.  Procedural fairness and substantive fairness requirements can be difficult to navigate both in the drafting and litigating of Prenuptial Agreements.