My question involves a marriage in the state of: MN
I have had a short marriage and we were together for less than 1.5 years. The divorce was filed by my spouse more than a year ago and has been delayed mainly because of not having a common consensus about division of marital assets that involves mainly earnings from employments. No property or children.
We have a substantial difference in incomes, with my base salary being almost 4 times. We do have identical educational backgrounds and earning potentials since our marriage. However, my spouse decided to pursue higher training that limited her income. I also wanted to pursue higher training, but had to wait to meet our financial needs.
I have earned a good amount of money through moonlighting shifts above and beyond my regular salary. Having same educational background, my spouse also had opportunities to do similar moonlighting shifts, but she did not.
Now the questions is, can I argue in the court that this moonlighting income should not be counted as a marital asset and should not be divided equally among us? I plan to start higher training from next year and these savings will be tremendously helpful during 4 years of training, when my salaries will be minimal. On the other hand, my spouse has finished her training this year and will have a huge salary potential for the rest of our career.
Also, I receive about $5000 as continuing educational fund from my employer every year and my spouse is arguing to consider this as a martial asset and split it equally. Does that sound reasonable?
Thank you very much for reading this post! Any inputs will be highly appreciated.