State Court Rejects Chauvin Divorce Settlement

As previously reported, only days after the May 25th killing of George Floyd, Kellie Chauvin filed an action for divorce from her husband, Derek Chauvin, who was a Minneapolis police officer and principal actor involved in that killing. This divorce case was filed in the Minnesota state court in Washington County, where they lived. [1]

In that divorce case it was revealed that the two Chauvins had an agreement whereby Kellie would receive all the equity in their homes in Minnesota and Florida, all of their funds in their bank and investment accounts, and all of Derek’s pension and retirememt accounts except for the non-marital portion of two accounts.[2]

On October 26, the Minnesota state court judge in that divorce case, District Court Judge Juanita Freeman, issued an order stating that the “court has a duty to ensure that marriage dissolution agreements are fair and equitable” and that “one badge of fraud is a party’s transfer of substantially all of his or her assets.” The court, therefore, ruled that their divorce settlement agreement was unenforceable and directed them to submit for the court’s consideration a revised agreement with a balance sheet showing all their assets and liabilities. If there is no revised agreement or if such a revision is not approved by the court, then Judge  Freeman would try and decide the case.

A Minnesota divorce attorney who is not involved in this case said, “This is just speculation, but it’s possible that the [agreement] was intentionally drafted to get assets out of Chauvin’s name in anticipation of a civil judgment against him from the estate of George Floyd.”

Indeed, in July, the attorneys  for the Floyd family filed a civil wrongful death action against Derek Chauvin and the other three police officers involved in the killing, and the lead attorney for the family, Benjamin Crump, said they they would seek “a precedent that makes it financially prohibitive for police to wrongfully kill marginalized people.”[3]

Also before the same state court are charges that the Chauvin couple engaged in tax fraud by failing to submit Minnesota income tax returns for several years and under reported their income.[4]

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[1] Developments in Criminal Cases Over Death of George Floyd, dwkcommentaries.com (June 28, 2020); Derek Chauvin’s Wife’s Divorce Petition Raises Questions, dwkcommentaries.com (July 8, 2020

[2] Xiong, Judge rejects proposed Derek Chauvin divorce agreement, citing possible fraud, StarTribune (Nov. 20, 2020); Semenov, Proposed divorce agreement between Chauvin and wife rejected for possible fraud, FOX9 News (Nov. 20, 2020).

[3] Floyd’s Family Sues City of Minneapolis and Four Ex-Officers Involved in George Floyd’s Death, dwkcommentaries.com (July 16, 2020); George Floyd Family’s Complaint Against Four Ex-Police Officers Involved in George Floyd’s Death, dwkcommentaries.com (July 17, 2020).

[4] Chauvin and Wife Now Charged with Minnesota Tax Crimes, dwkcommentaries.com (July 22, 2020); Derek Chauvin makes first court appearance on tax fraud charges, Fox9 News (Sept. 8, 2020).

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dwkcommentaries

As a retired lawyer and adjunct law professor, Duane W. Krohnke has developed strong interests in U.S. and international law, politics and history. He also is a Christian and an active member of Minneapolis’ Westminster Presbyterian Church. His blog draws from these and other interests. He delights in the writing freedom of blogging that does not follow a preordained logical structure. The ex post facto logical organization of the posts and comments is set forth in the continually being revised “List of Posts and Comments–Topical” in the Pages section on the right side of the blog.

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