HF 1333

2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 06/02/2016 10:14am

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; and
new text end

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

new text begin The court shall not modify a 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