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2007 Minnesota Statutes

This is a historical version of this statute section. Also view the most recent published version.

518.58 DIVISION OF MARITAL PROPERTY.
    Subdivision 1. General. Upon a dissolution of a marriage, an annulment, or in a proceeding
for disposition of property following a dissolution of marriage by a court which lacked personal
jurisdiction over the absent spouse or lacked jurisdiction to dispose of the property and which
has since acquired jurisdiction, the court shall make a just and equitable division of the marital
property of the parties without regard to marital misconduct, after making findings regarding the
division of the property. The court shall base its findings on all relevant factors including the
length of the marriage, any prior marriage of a party, the age, health, station, occupation, amount
and sources of income, vocational skills, employability, estate, liabilities, needs, opportunity for
future acquisition of capital assets, and income of each party. The court shall also consider the
contribution of each in the acquisition, preservation, depreciation or appreciation in the amount
or value of the marital property, as well as the contribution of a spouse as a homemaker. It shall
be conclusively presumed that each spouse made a substantial contribution to the acquisition of
income and property while they were living together as husband and wife. The court may also
award to either spouse the household goods and furniture of the parties, whether or not acquired
during the marriage. The court shall value marital assets for purposes of division between the
parties as of the day of the initially scheduled prehearing settlement conference, unless a different
date is agreed upon by the parties, or unless the court makes specific findings that another date
of valuation is fair and equitable. If there is a substantial change in value of an asset between
the date of valuation and the final distribution, the court may adjust the valuation of that asset as
necessary to effect an equitable distribution.
    Subd. 1a. Transfer, encumbrance, concealment, or disposition of marital assets. During
the pendency of a marriage dissolution, separation, or annulment proceeding, or in contemplation
of commencing a marriage dissolution, separation, or annulment proceeding, each party owes a
fiduciary duty to the other for any profit or loss derived by the party, without the consent of the
other, from a transaction or from any use by the party of the marital assets. If the court finds that
a party to a marriage, without consent of the other party, has in contemplation of commencing,
or during the pendency of, the current dissolution, separation, or annulment proceeding,
transferred, encumbered, concealed, or disposed of marital assets except in the usual course
of business or for the necessities of life, the court shall compensate the other party by placing
both parties in the same position that they would have been in had the transfer, encumbrance,
concealment, or disposal not occurred. The burden of proof under this subdivision is on the party
claiming that the other party transferred, encumbered, concealed, or disposed of marital assets in
contemplation of commencing or during the pendency of the current dissolution, separation, or
annulment proceeding, without consent of the claiming party, and that the transfer, encumbrance,
concealment, or disposal was not in the usual course of business or for the necessities of life. In
compensating a party under this section, the court, in dividing the marital property, may impute
the entire value of an asset and a fair return on the asset to the party who transferred, encumbered,
concealed, or disposed of it. Use of a power of attorney, or the absence of a restraining order
against the transfer, encumbrance, concealment, or disposal of marital property is not available
as a defense under this subdivision.
    Subd. 2. Award of nonmarital property. If the court finds that either spouse's resources
or property, including the spouse's portion of the marital property as defined in section 518.003,
subdivision 3b
, are so inadequate as to work an unfair hardship, considering all relevant
circumstances, the court may, in addition to the marital property, apportion up to one-half of the
property otherwise excluded under section 518.003, subdivision 3b, clauses (a) to (d), to prevent
the unfair hardship. If the court apportions property other than marital property, it shall make
findings in support of the apportionment. The findings shall be based on all relevant factors
including the length of the marriage, any prior marriage of a party, the age, health, station,
occupation, amount and sources of income, vocational skills, employability, estate, liabilities,
needs, and opportunity for future acquisition of capital assets and income of each party.
    Subd. 3. Sale or distribution while proceeding pending. (a) If the court finds that it
is necessary to preserve the marital assets of the parties, the court may order the sale of the
homestead of the parties or the sale of other marital assets, as the individual circumstances may
require, during the pendency of a proceeding for a dissolution of marriage or an annulment. If the
court orders a sale, it may further provide for the disposition of the funds received from the sale
during the pendency of the proceeding. If liquid or readily liquidated marital property other than
property representing vested pension benefits or rights is available, the court, so far as possible,
shall divide the property representing vested pension benefits or rights by the disposition of an
equivalent amount of the liquid or readily liquidated property.
(b) The court may order a partial distribution of marital assets during the pendency of a
proceeding for a dissolution of marriage or an annulment for good cause shown or upon the
request of both parties, provided that the court shall fully protect the interests of the other party.
    Subd. 4. Pension plans. (a) The division of marital property that represents pension plan
benefits or rights in the form of future pension plan payments:
    (1) is payable only to the extent of the amount of the pension plan benefit payable under
the terms of the plan;
    (2) is not payable for a period that exceeds the time that pension plan benefits are payable to
the pension plan benefit recipient;
    (3) is not payable in a lump sum amount from defined benefit pension plan assets attributable
in any fashion to a spouse with the status of an active member, deferred retiree, or benefit
recipient of a pension plan;
    (4) if the former spouse to whom the payments are to be made dies prior to the end of the
specified payment period with the right to any remaining payments accruing to an estate or
to more than one survivor, is payable only to a trustee on behalf of the estate or the group of
survivors for subsequent apportionment by the trustee; and
    (5) in the case of defined benefit public pension plan benefits or rights, may not commence
until the public plan member submits a valid application for a public pension plan benefit and the
benefit becomes payable.
    (b) The individual retirement account plans established under chapter 354B may provide in
its plan document, if published and made generally available, for an alternative marital property
division or distribution of individual retirement account plan assets. If an alternative division or
distribution procedure is provided, it applies in place of paragraph (a), clause (5).
History: 1951 c 551 s 5; 1974 c 107 s 22; 1978 c 772 s 53; 1979 c 259 s 27; 1979 c 289
s 8; 1981 c 349 s 7; 1982 c 464 s 2; 1986 c 444; 1987 c 157 s 17; 1988 c 590 s 2; 1988 c 668
s 20; 1989 c 248 s 8; 1991 c 266 s 4,5; 1992 c 548 s 6; 1993 c 239 art 4 s 1; 2005 c164 s 29;
1Sp2005 c 7 s 28; 2006 c 280 s 18

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