Informational — AI-drafted from the statute, not legal advice. This citation is informational. The source URL was not yet fetched. Confirm with a licensed attorney before relying on it.

Minnesota MN AI draft

← Back to Law Library
Distribution Type
Equitable Distribution
Division Standard
Equitable — judge decides
Income Adjustment
Equitable

Methodology

Equitable distribution

Minnesota makes a just and equitable division of marital property under Minn. Stat. §518.58 — without regard to marital misconduct — after making findings on the relevant factors and valuing the marital assets as of the day of the initially scheduled prehearing settlement conference unless the parties agree to or the court sets another date (subd. 1). The statute contains no presumption of equal division; the near-equal divisions common in long marriages are a matter of Minnesota practice, not a statutory command. Each spouse is conclusively presumed to have made a substantial contribution to the acquisition of income and property while the parties lived together.

Division Factors

The following factors are commonly evaluated under Minnesota law:

  1. Length of the marriage (Minn. Stat. §518.58 subd. 1)
  2. Any prior marriage of a party (§518.58 subd. 1)
  3. Age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each party (§518.58 subd. 1)
  4. Opportunity for future acquisition of capital assets, and income of each party (§518.58 subd. 1)
  5. Contribution of each in the acquisition, preservation, depreciation or appreciation in the amount or value of the marital property, and the contribution of a spouse as a homemaker (§518.58 subd. 1)
  6. Conclusive presumption that each spouse made a substantial contribution to the acquisition of income and property while living together as spouses (§518.58 subd. 1)
  7. Compensation to the other party when marital assets were transferred, encumbered, concealed, or disposed of without consent, in contemplation of or during the proceeding — each party owes the other a fiduciary duty (§518.58 subd. 1a)
  8. Apportionment of up to one-half of otherwise-excluded nonmarital property to prevent an unfair hardship (§518.58 subd. 2)

Statute / Authority

Citation: Minn. Stat. §518.58 ↗

Source: https://www.revisor.mn.gov/statutes/

Source & verification AI draft
Citation
Minn. Stat. §518.58
Source URL
https://www.revisor.mn.gov/statutes/
Fetched
Not yet fetched

The SHA-256 is a tamper / identity hash on the body text we captured at fetch time — not a third-party signature. It lets us prove what we rendered matches what we observed.

Reference Library

Minnesota Property Division

Minnesota follows equitable distribution under Minn. Stat. §518.58. The court makes a just and equitable division of marital property, without regard to marital misconduct, after weighing the length of the marriage, any prior marriage, each party's age, health, station, occupation, income, skills, employability, estate, liabilities, and needs, the opportunity for future acquisition of assets and income, and each spouse's contribution to the acquisition and preservation of the marital property (including as a homemaker). Each spouse is conclusively presumed to have contributed substantially to the acquisition of income and property during the marriage. The statute has no equal-division presumption; assets are valued as of the initially scheduled prehearing settlement conference unless another date is set. Non-marital property is generally assigned to its owner, and up to one-half of otherwise-excluded non-marital property may be apportioned to prevent an unfair hardship.

Citation: Minn. Stat. §518.58

Source: https://www.revisor.mn.gov/statutes/

Last updated: 2026-07-23T00:37:19.716179

← Back to Law Library