Minnesota is an equitable division state. This means that the splitting of the marital assets need not be equal but must be fair given the circumstances of the parties. The court will consider several factors to determine an equitable division, including the length of the marriage, the age and health of the people involved, their respective earning capacity, and the contribution of each person during the marriage.

Marital assets refers to property or money that was accumulated during the course of a marriage. Nonmarital assets refers to property acquired before the marriage that a spouse brought into the marriage. Nonmarital assets also include inheritances that may have been received during the course of the marriage. The first step in determining an equitable distribution of assets is to accurately identifying marital and nonmarital property.