1.1 	A bill for an act
1.2 	relating to judiciary; modifying spousal maintenance;amending Minnesota Statutes 
1.3 	2022, section 518.552, subdivisions 1, 2, 3, 6, by adding subdivisions.
1.4 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.5 	Section 1. Minnesota Statutes 2022, section 518.552, subdivision 1, is amended to read:
1.6 		Subdivision 1.Grounds. In a proceeding for dissolution of marriage or legal separation, 
1.7 	or in a proceeding for maintenance following dissolution of the marriage by a court which 
1.8 	lacked personal jurisdiction over the absent spouse and which has since acquired jurisdiction, 
1.9 	the court may grant a maintenance order for either spouse if it finds that the spouse seeking 
1.10 	maintenance:
1.11 	(a) lacks sufficient property, including marital property apportioned to the spouse, to 
1.12 	provide for reasonable needs of the spouse considering the standard of living established 
1.13 	during the marriage, especially, but not limited to, a period of training or education, or
1.14 	(b) is unable to provide adequate self-support, after considering the standard of living 
1.15 	established during the marriage and all relevant circumstances, through appropriate 
1.16 	employment, or
1.17 	(c) is the custodian of a child whose condition or circumstances make it appropriate that 
1.18 	the custodian not be required to seek employment outside the home.

1.19 	Sec. 2. Minnesota Statutes 2022, section 518.552, subdivision 2, is amended to read:
1.20 		Subd. 2.Amount; duration of maintenance. The maintenance order shall be in amounts 
1.21 	and for periods of time, either temporarytransitional or permanentindefinite, as the court 
2.1 	deems just, without regard to marital misconduct, and after considering all relevant factors 
2.2 	including:
2.3 	(a) the financial resources of the party seeking maintenance, including marital property 
2.4 	apportioned to the party, and the party's ability to meet needs independently, including the 
2.5 	extent to which a provision for support of a child living with the party includes a sum for 
2.6 	that party as custodian;
2.7 	(b) the time necessary to acquire sufficient education or training to enable the party 
2.8 	seeking maintenance to find appropriate employment, and the probability, given the party's 
2.9 	age and skills, of completing education or training and becoming fully or partially 
2.10 	self-supporting;
2.11 	(c) the standard of living established during the marriage and the extent to which the 
2.12 	standard of living was funded by debt;
2.13 	(d) the duration of the marriage and, in the case of a homemaker, the earnings, seniority, 
2.14 	benefits, and other employment opportunities forgone by the spouse seeking maintenance 
2.15 	to support the other spouse or children and the length of absence from employment and the 
2.16 	extent to which any education, skills, or experience have become outmoded and earning 
2.17 	capacity has become permanently diminished;
2.18 	(e) the loss of earnings, seniority, retirement benefits, and other employment opportunities 
2.19 	forgone by the spouse seeking spousal maintenance;
2.20 	(f) (e) the age, and the physical and emotional condition, mental, or chemical health of 
2.21 	the spouse seeking maintenance both spouses;
2.22 	(g) (f) the ability of the spouse from whom maintenance is sought to meet needs while 
2.23 	meeting those of the spouse seeking maintenance; and
2.24 	(h) (g) the contribution of each party in the acquisition, preservation, depreciation, or 
2.25 	appreciation in the amount or value of the marital property, as well as the contribution of a 
2.26 	spouse as a homemaker or in furtherance of the other party's employment or business.; and
2.27 	(h) the need and ability of each spouse to prepare for retirement and the anticipated time 
2.28 	of retirement.

2.29 	Sec. 3. Minnesota Statutes 2022, section 518.552, subdivision 3, is amended to read:
2.30 		Subd. 3.Permanency of award Duration of maintenance. Nothing in this section shall 
2.31 	be construed to favor a temporary award of maintenance over a permanent award, where 
2.32 	the factors under subdivision 2 justify a permanent award.
3.1 	Where there is some uncertainty as to the necessity of a permanent award, the court shall 
3.2 	order a permanent award leaving its order open for later modification. (a) A maintenance 
3.3 	award may be transitional or indefinite. An award of temporary maintenance issued before 
3.4 	August 1, 2024, is deemed transitional maintenance. An award of permanent maintenance 
3.5 	issued before August 1, 2024, is deemed indefinite maintenance. Maintenance awarded 
3.6 	during the pendency of an initial proceeding for dissolution or legal separation pursuant to 
3.7 	section 518.131 is deemed temporary maintenance.
3.8 	(b) For purposes of this subdivision, "length of the marriage" means the period from the 
3.9 	date of the marriage until the date of the commencement of the action.
3.10 	(c) The court must determine the duration of maintenance based on the length of the 
3.11 	marriage as follows:
3.12 	(1) when the length of the marriage is less than five years, it is rebuttably presumed that 
3.13 	no maintenance should be awarded;
3.14 	(2) when the length of the marriage is at least five years and less than 20 years, it is 
3.15 	rebuttably presumed that transitional maintenance should be awarded with a duration of no 
3.16 	longer than one-half the length of the marriage if the factors set forth in subdivision 1 support 
3.17 	an award of maintenance; and
3.18 	(3) when the length of the marriage is 20 years or more, it is rebuttably presumed that 
3.19 	indefinite maintenance should be awarded if the factors set forth in subdivision 1 support 
3.20 	an award of maintenance.

3.21 	Sec. 4. Minnesota Statutes 2022, section 518.552, is amended by adding a subdivision to 
3.22 	read:
3.23 		Subd. 5a.Maintenance on death or remarriage. Unless otherwise agreed in writing 
3.24 	or expressly provided in the decree, the obligation to pay future maintenance is terminated 
3.25 	upon the death of either party or the remarriage of the party receiving maintenance.

3.26 	Sec. 5. Minnesota Statutes 2022, section 518.552, is amended by adding a subdivision to 
3.27 	read:
3.28 		Subd. 5b.Modification. (a) Upon the motion of either of the parties, the court may 
3.29 	modify the amount and duration of maintenance and may issue an order that the court might 
3.30 	have issued in the original proceeding, except as otherwise provided in this subdivision.
4.1 	(b) The terms of a maintenance order may be modified upon a showing of one or more 
4.2 	of the following circumstances that make the terms of the existing order unreasonable and 
4.3 	unfair:
4.4 	(1) substantially increased or decreased gross income of an obligor or obligee;
4.5 	(2) substantially increased or decreased need of an obligor or obligee; or
4.6 	(3) substantial changes in the federal or state tax laws that affect spousal maintenance.
4.7 	(c) Upon a motion to modify maintenance, including a motion to extend the duration of 
4.8 	a maintenance award, the court shall apply, in addition to all other relevant factors, the 
4.9 	factors for an award of maintenance under subdivisions 1 to 3 that exist at the time of the 
4.10 	motion.
4.11 	(d) Unless the court adopts an alternative effective date under paragraph (f), a 
4.12 	modification of maintenance, including interest that accrued pursuant to section 548.091, 
4.13 	may be made retroactive:
4.14 	(1) for any period during which the petitioning party has a motion for modification that 
4.15 	is pending;
4.16 	(2) from the date that the notice of the motion to modify was served on the responding 
4.17 	party;
4.18 	(3)  from the date that the notice of the motion to modify was served on the public 
4.19 	authority if public assistance is being received; or
4.20 	(4) from the date that the notice of the motion to modify was served on the county 
4.21 	attorney if the county attorney is the attorney of record.
4.22 	(e) The court need not hold an evidentiary hearing on a motion to modify maintenance.
4.23 	(f) The court may select an alternative effective date for a maintenance order if the parties 
4.24 	enter into a binding agreement for an alternative effective date. The court's adoption of an 
4.25 	alternative effective date under this paragraph must not be considered a retroactive 
4.26 	modification of maintenance.

4.27 	Sec. 6. Minnesota Statutes 2022, section 518.552, subdivision 6, is amended to read:
4.28 		Subd. 6.Cohabitation. (a) Spousal maintenance may be modified pursuant to section 
4.29 	518A.39, subdivision 2, subdivision 5b based on the cohabitation by the maintenance obligee 
4.30 	with another adult following dissolution of the marriage. The modification may consist of 
5.1 	a reduction, suspension, reservation, or termination of maintenance. In determining if 
5.2 	maintenance should be modified due to cohabitation, the court shall consider:
5.3 	(1) whether the obligee would marry the cohabitant but for the maintenance award;
5.4 	(2) the economic benefit the obligee derives from the cohabitation;
5.5 	(3) the length of the cohabitation and the likely future duration of the cohabitation; and
5.6 	(4) the economic impact on the obligee if maintenance is modified and the cohabitation 
5.7 	ends.
5.8 	(b) The court must not modify a maintenance award based solely on cohabitation if a 
5.9 	marriage between the obligee and the cohabitant would be prohibited under section 517.03, 
5.10 	subdivision 1, clause (2) or (3). A modification under this subdivision must be precluded 
5.11 	or limited to the extent the parties have entered into a private agreement under subdivision 
5.12 	5.
5.13 	(c) A motion to modify a spousal maintenance award on the basis of cohabitation may 
5.14 	not be brought within one year of the date of entry of the decree of dissolution or legal 
5.15 	separation that orders spousal maintenance, unless the parties have agreed in writing that a 
5.16 	motion may be brought or the court finds that failing to allow the motion to proceed would 
5.17 	create an extreme hardship for one of the parties.

5.18 	Sec. 7. Minnesota Statutes 2022, section 518.552, is amended by adding a subdivision to 
5.19 	read:
5.20 		Subd. 7.Retirement. (a) If a party retires, spousal maintenance may be modified. The 
5.21 	modification of maintenance may consist of a reduction, suspension, reservation, or 
5.22 	termination of maintenance.
5.23 	(b) In determining if maintenance should be modified due to a party's retirement, the 
5.24 	court shall consider:
5.25 	(1) whether the retirement is in good faith or is an unjustifiable self-limitation of income;
5.26 	(2) whether the party has attained the age to receive the party's full retirement benefits 
5.27 	under section 216 of the Social Security Act, United States Code, title 42, section 416, or 
5.28 	the customary age for retirement in the party's occupation;
5.29 	(3) whether a party has reasonably and prudently managed the party's assets since the 
5.30 	dissolution of the marriage; and
5.31 	(4) the financial resources available to both parties.
6.1 	(c) It is presumed that when a party has attained the age to receive the party's full 
6.2 	retirement benefits under section 216 of the Social Security Act, United States Code, title 
6.3 	42, section 416, or the customary age for retirement in the party's occupation, the party will 
6.4 	use both income and assets to meet the party's needs.
6.5 	(d) A party must not be presumed to have retired in bad faith or to have unjustifiably 
6.6 	self-limited the party's income in the event that the party's retirement is occurring on or after 
6.7 	the party attains the age to receive full retirement benefits under section 216 of the Social 
6.8 	Security Act, United States Code, title 42, section 416, or the customary age for retirement 
6.9 	in the party's occupation.
6.10 	(e) A motion to modify maintenance due to retirement may be brought before a party 
6.11 	actually retires provided that the moving party specifies the date by which the party's 
6.12 	retirement will occur. The court may then make the modification effective as of the actual 
6.13 	date of retirement.

6.14 	Sec. 8. Minnesota Statutes 2022, section 518.552, is amended by adding a subdivision to 
6.15 	read:
6.16 		Subd. 8.Form. The state court administrator's office shall prepare and make available 
6.17 	to court administrators, obligors, and persons to whom spousal maintenance is owed a form 
6.18 	to be submitted in support of a motion for a modification of an order for maintenance or 
6.19 	for contempt of court.