Moorhead, MN asked in Divorce for Minnesota

Q: How is ESOP split in a MN divorce if my employer contribute 100% and I start3d it before I got married?

My esop growth has earned me nearly 4M over the last 25 years. At the time I was married, I had about 20k in it. Never put a penny into it. Is this an asset that is 100% mine or does this have to be split in a divorce?

Related Topics:
1 Lawyer Answer

A: An attorney cannot provide a definitive answer in a free online Q and A. A recent court ruling may provide a change to the traditional distribution. The esop growth has earned nearly 4M over the last 25 years during the marriage. All property acquired by either spouse during the marriage is presumed to be marital property. To overcome this presumption, a spouse has the burden of proving by a preponderance of the evidence that the property is nonmarital. Rob Kane Eagan Family Law Attorney.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.