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Can a New Spouse's Income Be Considered in Support Determinations in Minnesota?
Strictly speaking, a new spouse’s income may not be considered when determining spousal maintenance or child support issues with a prior spouse.
That said, to the extent a new spouse, cohabitant, or other occupant of a party’s household contributes to a party’s household expenses and thereby reduces a party’s own living expenses, that reduction in living expenses is relevant to support determinations.
* THE INFORMATION IN THIS ARTICLE IS NOT ADVICE FOR YOUR PARTICULAR CASE. ALSO, THIS INFORMATION APPLIES ONLY TO MINNESOTA LAW, AND NOT TO THE LAW OF ANY OTHER STATE OR COUNTRY.
Minnesota is a no-fault only state. The divorce petition must state either that the parties have been living separate and apart for 180 days or more or that there is "serious marital discord" with no chance of reconciliation. All fault grounds, such as adultery, cruelty and insanity are no longer recognized in Minnesota.
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