HF 1333

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/30/2016 12:30pm

A bill for an act
relating to civil law; allowing for modification of spousal maintenance based
on the cohabitation of the obligee; amending Minnesota Statutes 2014, section
518.552, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 518.552, is amended by adding a
subdivision to read:

new text begin Subd. 6. new text end

new text begin Cohabitation. new text end

new text begin Spousal maintenance may be modified pursuant to section
518A.39, subdivision 2, based on the maintenance obligee's cohabitation with another
adult following dissolution of the parties' marriage. The modification may consist of a
reduction, suspension, reservation, or termination of maintenance. In determining if
maintenance should be modified due to cohabitation, the court shall consider:
new text end

new text begin (1) whether the maintenance obligee would have married their cohabitant but for
the maintenance award;
new text end

new text begin (2) the economic benefit the maintenance obligee derives from the cohabitation;
new text end

new text begin (3) the length of the cohabitation and the likely future duration of the cohabitation;
new text end

new text begin (4) the economic impact on the maintenance obligee if maintenance was terminated
and the cohabitation ended; and
new text end

new text begin (5) whether the order providing for payment of maintenance was issued pursuant
to a binding stipulation and the terms of that stipulation.
new text end

new text begin There shall be a presumption against modifying the maintenance award based solely
on the cohabitation if the cohabitant is one of the individuals listed in section 517.03,
subdivision 1. A requested modification based on this subdivision shall be subject to
being precluded or limited if jurisdiction to modify is lacking due to the parties having
entered into a private agreement governed by section 518.552, subdivision 5. No motion
to modify a spousal maintenance award on the basis of cohabitation may be brought
within one year of the date of entry of a decree of dissolution or legal separation that
orders spousal maintenance, unless the parties have agreed a modification can be brought
by written agreement or the court finds that failing to allow the motion to proceed creates
an extreme hardship for one of the parties.
new text end