1.1 	A bill for an act
1.2 	relating to family law; modifying parenting time and spousal maintenance 
1.3 	provisions; modifying and updating provisions governing antenuptial and 
1.4 	postnuptial agreements; establishing rights and responsibilities relating to assisted 
1.5 	reproduction; directing the revisor of statutes to update terms used in statute;
1.6 	amending Minnesota Statutes 2022, sections 257.025; 518.131, subdivisions 1, 
1.7 	11; 518.14; 518.17, subdivisions 1, 3; 518.175, subdivisions 1, 6; 518.552, 
1.8 	subdivisions 1, 2, 3, 6, by adding subdivisions; 518A.39, subdivision 1; 519.11; 
1.9 	Minnesota Statutes 2023 Supplement, section 518A.39, subdivision 2; proposing 
1.10 	coding for new law in Minnesota Statutes, chapter 518; proposing coding for new 
1.11 	law as Minnesota Statutes, chapter 257E; repealing Minnesota Statutes 2022, 
1.12 	sections 257.56; 518A.39, subdivision 3.
1.13 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.14 	ARTICLE 1
1.15 	PARENTING TIME

1.16 	Section 1. Minnesota Statutes 2022, section 257.025, is amended to read:
1.17 	257.025 CUSTODY AND PARENTING TIME DISPUTES.
1.18 	(a) In any custody or parenting time proceeding involving unmarried parents, the court 
1.19 	shall consider section 518.175 and evaluate all relevant factors in section 518.17, subdivision 
1.20 	1, to determine the best interests of the child.
1.21 	(b) The fact that the parents of the child are not or were never married to each other shall 
1.22 	not be determinative of the custody and parenting time of the child.
1.23 	(c) A person may seek custody of a child by filing a petition or motion pursuant to section 
1.24 	518.156.
1.25 	(d) Section 518.619 applies to this section.

2.1 	Sec. 2. [518.0011] PUBLIC POLICY STATEMENT.
2.2 	The public policy of this state is to:
2.3 	(1) ensure that each child has frequent and substantial contact with the child's parents, 
2.4 	as long as the child's parents have shown the ability to act in the best interests of the child;
2.5 	(2) ensure that parents and caregivers provide a safe and nurturing environment for each 
2.6 	child; and
2.7 	(3) encourage parents to share the rights and duties of raising their child.

2.8 	Sec. 3. Minnesota Statutes 2022, section 518.131, subdivision 1, is amended to read:
2.9 		Subdivision 1.Permissible orders. In a proceeding brought for custody, dissolution, 
2.10 	or legal separation, or for disposition of property, maintenance, or child support following 
2.11 	the dissolution of a marriage, either party may, by motion, request from the court and the 
2.12 	court may grant a temporary order pending the final disposition of the proceeding to or for:
2.13 	(a) Temporary custody and parenting time regarding the minor children of the parties. 
2.14 	In addition to the requirements under section 518.17, subdivision 1, the court must consider 
2.15 	the child's parenting time with each parent before the pending action commenced. If the 
2.16 	child's access to a parent was limited or restricted before the action commenced, the court 
2.17 	must determine the child's custody and parenting time in a manner that supports the child's 
2.18 	opportunity to develop a relationship with both parents in accordance with sections 518.17 
2.19 	and 518.175;
2.20 	(b) Temporary maintenance of either spouse;
2.21 	(c) Temporary child support for the children of the parties;
2.22 	(d) Temporary costs and reasonable attorney fees;
2.23 	(e) Award the temporary use and possession, exclusive or otherwise, of the family home, 
2.24 	furniture, household goods, automobiles, and other property of the parties;
2.25 	(f) Restrain one or both parties from transferring, encumbering, concealing, or disposing 
2.26 	of property except in the usual course of business or for the necessities of life, and to account 
2.27 	to the court for all such transfers, encumbrances, dispositions, and expenditures made after 
2.28 	the order is served or communicated to the party restrained in open court;
2.29 	(g) Restrain one or both parties from harassing, vilifying, mistreating, molesting, 
2.30 	disturbing the peace, or restraining the liberty of the other party or the children of the parties;
3.1 	(h) Restrain one or both parties from removing any minor child of the parties from the 
3.2 	jurisdiction of the court;
3.3 	(i) Exclude a party from the family home of the parties or from the home of the other 
3.4 	party; and
3.5 	(j) Require one or both of the parties to perform or to not perform such additional acts 
3.6 	as will facilitate the just and speedy disposition of the proceeding, or will protect the parties 
3.7 	or their children from physical or emotional harm.

3.8 	Sec. 4. Minnesota Statutes 2022, section 518.131, subdivision 11, is amended to read:
3.9 		Subd. 11.Temporary support and maintenance Cases given priority for temporary 
3.10 	relief. Temporary support and maintenance may be ordered during the time a parenting 
3.11 	plan is being developed under section 518.1705. (a) While the proceeding is pending, the 
3.12 	court must give priority to scheduling and holding an expedited hearing for temporary relief 
3.13 	when a party credibly alleges that:
3.14 	(1) the party has been denied parenting time with a child for 14 consecutive days or 
3.15 	more; or
3.16 	(2) the party has been unreasonably denied access to necessary financial resources or 
3.17 	support during a pending marital dissolution.
3.18 	(b) A court must hold a priority hearing under this subdivision within 30 days of the 
3.19 	party's request.
3.20 	(c) A court must consider credible allegations of domestic abuse, substance abuse, 
3.21 	maltreatment findings, or neglect as a reasonable basis for a party who has denied parenting 
3.22 	time to the other party.
3.23 	(d) If temporary parenting time is ordered, the court may also order temporary child 
3.24 	support if requested by the other party.

3.25 	Sec. 5. Minnesota Statutes 2022, section 518.14, is amended to read:
3.26 	518.14 COSTS AND DISBURSEMENTS; ATTORNEY FEES; COLLECTION 
3.27 	COSTS.
3.28 		Subdivision 1.General. Except as provided in section 518A.735, in a proceeding under 
3.29 	this chapter or chapter 518A, the court shall award attorney fees, costs, and disbursements 
3.30 	in an amount necessary to enable a party to carry on or contest the proceeding, provided it 
3.31 	finds:
4.1 	(1) that the fees are necessary for the good faith assertion of the party's rights in the 
4.2 	proceeding and will not contribute unnecessarily to the length and expense of the proceeding;
4.3 	(2) that the party from whom fees, costs, and disbursements are sought has the means 
4.4 	to pay them; and
4.5 	(3) that the party to whom fees, costs, and disbursements are awarded does not have the 
4.6 	means to pay them.
4.7 		Subd. 1a.Other award. Nothing in this section or section 518A.735 precludes The 
4.8 	court from awarding may award, in its discretion, additional fees, costs, and disbursements 
4.9 	against a party who unreasonably contributes to the length or expense of the proceeding or 
4.10 	whose unreasonable failure to comply with an order or decree causes the other party to seek 
4.11 	enforcement or other relief, including the reimbursement of fees and costs incurred before 
4.12 	filing a motion. In determining whether to award fees, the court must consider the 
4.13 	circumstances and any other factors that contributed to the length or expense of the 
4.14 	proceeding. Fees, costs, and disbursements provided for in this section and section 518A.735 
4.15 	may be awarded at any point in the proceeding, including a modification proceeding under 
4.16 	sections 518.18 and 518A.39. The court may adjudge costs and disbursements against either 
4.17 	party. The court may authorize the collection of money awarded by execution, or out of 
4.18 	property sequestered, or in any other manner within the power of the court. An award of 
4.19 	attorney's fees made by the court during the pendency of the proceeding or in the final 
4.20 	judgment survives the proceeding and if not paid by the party directed to pay the same may 
4.21 	be enforced as above provided or by a separate civil action brought in the attorney's own 
4.22 	name. If the proceeding is dismissed or abandoned prior to determination and award of 
4.23 	attorney's fees, the court may nevertheless award attorney's fees upon the attorney's motion. 
4.24 	The award shall also survive the proceeding and may be enforced in the same manner as 
4.25 	last above provided.

4.26 	Sec. 6. Minnesota Statutes 2022, section 518.17, subdivision 1, is amended to read:
4.27 		Subdivision 1.Best interests of the child. (a) In evaluating the best interests of the child 
4.28 	for purposes of determining issues of custody and parenting time, the court must consider 
4.29 	and evaluate all relevant factors, including:
4.30 	(1) a child's physical, emotional, cultural, spiritual, and other needs, and the effect of 
4.31 	the proposed arrangements on the child's needs and development;
5.1 	(2) any special medical, mental health, developmental disability, or educational needs 
5.2 	that the child may have that may require special parenting arrangements or access to 
5.3 	recommended services;
5.4 	(3) the reasonable preference of the child, if the court deems the child to be of sufficient 
5.5 	ability, age, and maturity to express an independent, reliable preference;
5.6 	(4) whether domestic abuse, as defined in section 518B.01, has occurred in the parents' 
5.7 	or either parent's household or relationship; the nature and context of the domestic abuse; 
5.8 	and the implications of the domestic abuse for parenting and for the child's safety, well-being, 
5.9 	and developmental needs;
5.10 	(5) any physical, mental, or chemical health issue of a parent that affects the child's 
5.11 	safety or developmental needs;
5.12 	(6) the history and nature of each parent's participation in providing care for the child;
5.13 	(7) the willingness and ability of each parent to provide ongoing care for the child; to 
5.14 	meet the child's ongoing developmental, emotional, spiritual, and cultural needs; and to 
5.15 	maintain consistency and follow through with parenting time;
5.16 	(8) the effect on the child's well-being and development of changes to home, school, 
5.17 	and community;
5.18 	(9) the effect of the proposed arrangements on the ongoing relationships between the 
5.19 	child and each parent, siblings, and other significant persons in the child's life;
5.20 	(10) the benefit to the child in maximizing parenting time with both parents and the 
5.21 	detriment to the child in limiting parenting time with either parent;
5.22 	(11) except in cases in which domestic abuse as described in clause (4) has occurred, 
5.23 	the disposition of each parent to support the child's relationship with the other parent and 
5.24 	to encourage and permit frequent and continuing contact between the child and the other 
5.25 	parent; and
5.26 	(12) the willingness and ability of parents to cooperate in the rearing of their child; to 
5.27 	maximize sharing information and minimize exposure of the child to parental conflict; and 
5.28 	to utilize methods for resolving disputes regarding any major decision concerning the life 
5.29 	of the child.
5.30 	(b) Clauses (1) to (9) govern the application of the best interests of the child factors by 
5.31 	the court:
6.1 	(1) The court must make detailed findings on each of the factors in paragraph (a) based 
6.2 	on the evidence presented and explain how each factor led to its conclusions and to the 
6.3 	determination of custody and parenting time. The court may not use one factor to the 
6.4 	exclusion of all others, and the court shall consider that the factors may be interrelated.
6.5 	(2) The court shall consider that it is in the best interests of the child to promote the 
6.6 	child's healthy growth and development through safe, stable, nurturing relationships between 
6.7 	a child and both parents. In determining custody, the court must consider the best interests 
6.8 	of the child and must not prefer one parent over the other solely on the basis of the gender 
6.9 	of the parent.
6.10 	(3) The court shall consider both parents as having the capacity to develop and sustain 
6.11 	nurturing relationships with their children unless there are substantial reasons to believe 
6.12 	otherwise. In assessing whether parents are capable of sustaining nurturing relationships 
6.13 	with their children, the court shall recognize that there are many ways that parents can 
6.14 	respond to a child's needs with sensitivity and provide the child love and guidance, and 
6.15 	these may differ between parents and among cultures.
6.16 	(4) The court shall not consider conduct of a party that does not affect the party's 
6.17 	relationship with the child.
6.18 	(5) Disability alone, as defined in section 363A.03, of a proposed custodian or the child 
6.19 	shall not be determinative of the custody of the child.
6.20 	(6) The court shall consider evidence of a violation of section 609.507 in determining 
6.21 	the best interests of the child.
6.22 	(7) There is no presumption for or against joint physical custody, except as provided in 
6.23 	clause (9).
6.24 	(8) Joint physical custody does not require an absolutely equal division of time.
6.25 	(9) The court shall use a rebuttable presumption that upon request of either or both 
6.26 	parties, joint legal custody is in the best interests of the child. However, the court shall use 
6.27 	a rebuttable presumption that joint legal custody or joint physical custody is not in the best 
6.28 	interests of the child if domestic abuse, as defined in section 518B.01, has occurred between 
6.29 	the parents. In determining whether the presumption is rebutted, the court shall consider 
6.30 	the nature and context of the domestic abuse and the implications of the domestic abuse for 
6.31 	parenting and for the child's safety, well-being, and developmental needs. Disagreement 
6.32 	alone over whether to grant sole or joint custody does not constitute an inability of parents 
6.33 	to cooperate in the rearing of their children as referenced in paragraph (a), clause (12).
7.1 	(c) In a proceeding involving the custodial responsibility of a service member's child, a 
7.2 	court may not consider only a parent's past deployment or possible future deployment in 
7.3 	determining the best interests of the child. For purposes of this paragraph, "custodial 
7.4 	responsibility" has the meaning given in section 518E.102, paragraph (f).

7.5 	Sec. 7. Minnesota Statutes 2022, section 518.17, subdivision 3, is amended to read:
7.6 		Subd. 3.Custody order. (a) Upon adjudging the nullity of a marriage, or in a dissolution 
7.7 	or separation proceeding, or in a child custody proceeding, the court shall make such further 
7.8 	order as it deems just and proper concerning:
7.9 	(1) the legal custody of the minor children of the parties which that shall be sole or joint;
7.10 	(2) their physical custody, parenting time, and residence; and
7.11 	(3) their support. In determining custody, the court shall consider the best interests of 
7.12 	each child and shall not prefer one parent over the other solely on the basis of the sex of the 
7.13 	parent.
7.14 	(b) The court shall grant the rights listed in subdivision 3a to each of the parties, regardless 
7.15 	of custodial designation, unless specific findings are made under section 518.68, subdivision 
7.16 	1. The court shall include in the custody order the notice under subdivision 3a.
7.17 	(c) The court may waive any of the rights under this section if it finds it is necessary to 
7.18 	protect the welfare of a party or child.
7.19 	(d) If a court order or law prohibits contact by a party, the notifications and information 
7.20 	required to be sent under subdivision 3a, clauses (1), (2), (3), (5), and (6), shall not be made 
7.21 	by direct communication of the parties. Third-party communication shall be limited to the 
7.22 	specific purposes delineated in this subdivision or subdivision 3a. Nothing in this subdivision 
7.23 	or subdivision 3a shall modify, suspend, revoke, or terminate a court order or law that 
7.24 	prohibits contact by a party.
7.25 	(e) If one of the parties is a program participant under chapter 5B, the other party shall 
7.26 	send all information and notifications required under subdivision 3a, clauses (1), (2), (3), 
7.27 	(5), and (6), to the participant's designated address. The program participant is exempted 
7.28 	from the requirements of subdivision 3a.
7.29 	(f) Failure to notify or inform a party of rights under subdivision 3a does not form a 
7.30 	basis for modification under section 518.18, paragraph (d), clause (iv), unless other grounds 
7.31 	are alleged which would support a modification.

8.1 	Sec. 8. Minnesota Statutes 2022, section 518.175, subdivision 1, is amended to read:
8.2 		Subdivision 1.General. (a) In all proceedings for dissolution or legal separation, 
8.3 	subsequent to the commencement of the proceeding and continuing thereafter during the 
8.4 	minority of the child, the court shall, upon the request of either parent, grant such parenting 
8.5 	time on behalf of the child and a parent as will enable the child and the parent to maintain 
8.6 	a child to parent relationship that will be in the best interests of the child. The court, when 
8.7 	issuing a parenting time order, may reserve a determination as to the future establishment 
8.8 	or expansion of a parent's parenting time. In that event, the best interest standard set forth 
8.9 	in subdivision 5, paragraph (a), shall be applied to a subsequent motion to establish or 
8.10 	expand parenting time.
8.11 	(b) If the court finds, after a hearing, that parenting time with a parent is likely to endanger 
8.12 	the child's physical, mental, or emotional health or safety or impair the child's emotional 
8.13 	development, the court shall restrict parenting time with that parent as to time, place, duration, 
8.14 	or supervision and may deny parenting time entirely, as the circumstances warrant. The 
8.15 	court shall consider the age of the child and the child's relationship with the parent prior to 
8.16 	the commencement of the proceeding.
8.17 	(c) A parent's failure to pay support because of the parent's inability to do so shall not 
8.18 	be sufficient cause for denial of parenting time.
8.19 	(d) The court may provide that a law enforcement officer or other appropriate person 
8.20 	will accompany a party seeking to enforce or comply with parenting time.
8.21 	(e) Upon request of either party, to the extent practicable an order for parenting time 
8.22 	must include a specific schedule for regular parenting time, including the frequency and 
8.23 	duration of visitation parenting time and visitationparenting time during holidays and,
8.24 	vacations, and school breaks unless parenting time is restricted, denied, or reserved.
8.25 	(f) The court administrator shall provide a form for a pro se motion regarding parenting 
8.26 	time disputes, which includes provisions for indicating the relief requested, an affidavit in 
8.27 	which the party may state the facts of the dispute, and a brief description of the parenting 
8.28 	time expeditor process under section 518.1751. The form may not include a request for a 
8.29 	change of custody. The court shall provide instructions on serving and filing the motion.
8.30 	(g) In the absence of other evidence, there is a rebuttable presumption that a parent is 
8.31 	entitled to child must receive a minimum of at least 25 percent of the parenting time for the 
8.32 	child with each parent. For purposes of this paragraph, the percentage of parenting time 
8.33 	may be determined by calculating the number of overnights that a child spends with a parent 
8.34 	or by using a method other than overnights if the parent has significant time periods on 
9.1 	separate days when the child is in the parent's physical custody but does not stay overnight. 
9.2 	The court may consider the age of the child in determining whether a child is with a parent 
9.3 	for a significant period of time.

9.4 	Sec. 9. Minnesota Statutes 2022, section 518.175, subdivision 6, is amended to read:
9.5 		Subd. 6.Remedies. (a) Each party must follow a court's order for custody and parenting 
9.6 	time unless the parties have made another agreement in writing as defined by section 645.44, 
9.7 	subdivision 14.
9.8 	(b) For the purposes of this subdivision, "court-ordered parenting time" means:
9.9 	(1) parenting time that a court has ordered, regardless of whether the order is temporary 
9.10 	or permanent and whether family court or juvenile court has issued the order;
9.11 	(2) an order by a parenting time consultant, parenting coordinator, special master, or 
9.12 	other court-appointed individual who is authorized to establish or modify parenting time; 
9.13 	or
9.14 	(3) a binding agreement or decision under section 518.1751, subdivision 3.
9.15 	(a) (c) The court may provide shall fully consider providing compensatory parenting 
9.16 	time when a parent has intentionally made a substantial amount of court-ordered parenting 
9.17 	time has been made unavailable to one the other parent unless providing the compensatory 
9.18 	parenting time is not consistent with the child's best interests. The court must consider all 
9.19 	relevant evidence to determine whether a parent has made a substantial amount of 
9.20 	court-ordered parenting time unavailable to the other parent.
9.21 	(b) The court shall provide for one of the remedies as provided under this subdivision 
9.22 	for (1) a repeated and intentional denial of or interference with court-ordered parenting time, 
9.23 	or (2) a repeated and intentional failure to comply with a binding agreement or decision 
9.24 	under section 518.1751.
9.25 	(c) (d) If the court finds that a person has been deprived of court-ordered parenting time 
9.26 	under paragraph (b), the court shall order the parent who has interfered to allow compensatory 
9.27 	parenting time to the other parent. When compensatory parenting time is awarded, additional 
9.28 	parenting time must be:
9.29 	(1) at least of the same type and duration as the deprived parenting time and, at the 
9.30 	discretion of the court, may be in excess of or of a different type than the deprived parenting 
9.31 	time;
9.32 	(2) taken within one year after the deprived parenting time; and
10.1 	(3) at a time acceptable to the parent deprived of parenting time.
10.2 	(d) (e) If the court finds that a party has repeatedly and intentionally denied or interfered 
10.3 	with court-ordered parenting time or failed to comply with a binding agreement or decision 
10.4 	under section 518.1751, the court may must, in addition to awarding compensatory parenting 
10.5 	time under paragraph (c):, require the party to reimburse the other party for costs incurred 
10.6 	as a result of the party's denial of or interference with court-ordered parenting time and 
10.7 	award reasonable attorney fees to the other party, provided that the court finds that the party 
10.8 	from whom fees, costs, and disbursements are sought has the means to pay them. The court 
10.9 	may:
10.10 	(1) impose a civil penalty sanction of up to $500 on against the party who denied or 
10.11 	interfered with parenting time that is payable to the other party;
10.12 	(2) modify legal and physical custody of the child by awarding custody of the child to 
10.13 	the party whose parenting time was denied or interfered with, in accordance with the 
10.14 	procedures under section 518.18; or
10.15 	(2) require the party to post a bond with the court for a specified period of time to secure 
10.16 	the party's compliance;
10.17 	(3) award reasonable attorney's fees and costs;
10.18 	(4) require the party who violated the parenting time order or binding agreement or 
10.19 	decision of the parenting time expeditor to reimburse the other party for costs incurred as 
10.20 	a result of the violation of the order or agreement or decision; or
10.21 	(5) (3) award any other remedy that the court finds to be in the best interests of the 
10.22 	children involved.
10.23 	A civil penalty imposed under this paragraph must be deposited in the county general 
10.24 	fund and must be used to fund the costs of a parenting time expeditor program in a county 
10.25 	with this program. In other counties, the civil penalty must be deposited in the state general 
10.26 	fund.
10.27 	(e) (f) The court shall provide one or more of the remedies available in paragraph (d)
10.28 	(e), clauses (1) to (5) and (2), if one of the following occurs:
10.29 	(1) the court finds that a party has repeatedly and intentionally denied or interfered with 
10.30 	court-ordered parenting time after a previous finding that the party repeatedly and 
10.31 	intentionally denied or interfered with court-ordered parenting time; or.
11.1 	(2) the court finds that a party has failed to comply with a binding agreement or decision 
11.2 	under section 518.1751 after a previous finding that the party failed to comply with a binding 
11.3 	agreement or decision under section 518.1751.
11.4 	(f) (g) If the court makes written findings that any denial of or interference with 
11.5 	court-ordered parenting time or the failure to comply with a binding agreement or decision 
11.6 	under section 518.1751 was necessary to protect a child's physical or emotional health, the 
11.7 	court is not required to comply with paragraphs (b) to (e) (d) to (f).
11.8 	(g) (h) If the court finds that a party has been denied parenting time and has incurred 
11.9 	expenses in connection with the denied parenting time, the court may require the party who 
11.10 	denied parenting time to post a bond in favor of the other party in the amount of prepaid 
11.11 	expenses associated with upcoming planned parenting time.
11.12 	(h) (i) Proof of an unwarranted denial of or interference with duly established parenting 
11.13 	time may constitute contempt of court and may be sufficient cause for reversal of custody.
11.14 	(i) (j) All parenting time orders must include notice of the provisions of this subdivision.
11.15 	(k) The required notice under paragraph (j) must be substantially as follows:
11.16 	"NOTICE REGARDING COMPLIANCE WITH PARENTING TIME ORDER:
11.17 	The parties are expected to fully comply with the court's order unless the parties mutually 
11.18 	agree otherwise in writing as defined by Minnesota Statutes, section 645.44, subdivision 
11.19 	14.  Pursuant to Minnesota Statutes, section 518.175, subdivision 6, and Minnesota Statutes, 
11.20 	section 518.131, subdivision 11, the parties are hereby notified that:
11.21 	(1) The court shall award compensatory parenting time to a parent who has been prevented 
11.22 	from exercising parenting time.
11.23 	(2) Deprivation of parental rights is a FELONY crime pursuant to Minnesota Statutes, 
11.24 	section 609.375.
11.25 	(3) If the court finds that one parent has repeatedly and intentionally denied or interfered 
11.26 	with another parent's parenting time, then the court shall award attorney fees to the parent 
11.27 	who has been denied parenting time and require the parent who has been denying or 
11.28 	interfering with parenting time to pay the other parent for costs incurred as a result of 
11.29 	enforcing the decision.
11.30 	(4) If the court finds that one parent has repeatedly and intentionally denied or interfered 
11.31 	with parenting time, then the court may also:
11.32 	(i) transfer custody of the child to the other parent;
12.1 	(ii) impose a sanction of up to $500 on the parent who repeatedly and intentionally 
12.2 	denied or interfered with parenting time; or
12.3 	(iii) award other relief as determined to be in the best interests of the children involved."
12.4 	(l) An order issued under this section requiring reimbursement of costs or fees does not 
12.5 	require a party to have direct contact with another party.

12.6 	Sec. 10. EFFECTIVE DATE.
 12.7 	This article is effective August 1, 2024, and applies to proceedings commenced on or 
12.8 	after that date.

12.9 	ARTICLE 2
12.10 	SPOUSAL MAINTENANCE

12.11 	Section 1. Minnesota Statutes 2022, section 518.552, subdivision 1, is amended to read:
12.12 		Subdivision 1.Grounds. In a proceeding for dissolution of marriage or legal separation, 
12.13 	or in a proceeding for maintenance following dissolution of the marriage by a court which 
12.14 	lacked personal jurisdiction over the absent spouse and which has since acquired jurisdiction, 
12.15 	the court may grant a maintenance order for either spouse if it finds that the spouse seeking 
12.16 	maintenance:
12.17 	(a) lacks sufficient property, including marital property apportioned to the spouse, to 
12.18 	provide for reasonable needs of the spouse considering the standard of living established 
12.19 	during the marriage, especially, but not limited to, a period of training or education, or;
12.20 	(b) is unable to provide adequate self-support, after considering the standard of living 
12.21 	established during the marriage and all relevant circumstances, through appropriate 
12.22 	employment,; or
12.23 	(c) is the custodian of a child whose condition or circumstances make it appropriate that 
12.24 	the custodian not be required to seek employment outside the home.

12.25 	Sec. 2. Minnesota Statutes 2022, section 518.552, subdivision 2, is amended to read:
12.26 		Subd. 2.Amount; duration of maintenance. The maintenance order shall be in amounts 
12.27 	and for periods of time, either temporary transitional or permanent indefinite, as the court 
12.28 	deems just, without regard to marital misconduct, and after considering all relevant factors 
12.29 	including:
13.1 	(a) the financial resources of the party seeking maintenance, including marital property 
13.2 	apportioned to the party, and the party's ability to meet needs independently, including the 
13.3 	extent to which a provision for support of a child living with the party includes a sum for 
13.4 	that party as custodian;
13.5 	(b) the time necessary to acquire sufficient education or training to enable the party 
13.6 	seeking maintenance to find appropriate employment, and the probability, given the party's 
13.7 	age and skills, of completing education or training and becoming fully or partially 
13.8 	self-supporting;
13.9 	(c) the standard of living established during the marriage and the extent to which the 
13.10 	standard of living was funded by debt;
13.11 	(d) the duration of the marriage and, in the case of a homemaker, the earnings, seniority, 
13.12 	benefits, and other employment opportunities forgone by the spouse seeking maintenance 
13.13 	to support the other spouse or children and the length of absence from employment and the 
13.14 	extent to which any education, skills, or experience have become outmoded and earning 
13.15 	capacity has become permanently diminished;
13.16 	(e) the loss of earnings, seniority, retirement benefits, and other employment opportunities 
13.17 	forgone by the spouse seeking spousal maintenance;
13.18 	(f) (e) the age, and the physical and emotional condition, mental, or chemical health of 
13.19 	the spouse seeking maintenance both spouses;
13.20 	(g) (f) the ability of the spouse from whom maintenance is sought to meet needs while 
13.21 	meeting those of the spouse seeking maintenance; and
13.22 	(h) (g) the contribution of each party in the acquisition, preservation, depreciation, or 
13.23 	appreciation in the amount or value of the marital property, as well as the contribution of a 
13.24 	spouse as a homemaker or in furtherance of the other party's employment or business.; and
13.25 	(h) the need and ability of each spouse to prepare for retirement and the anticipated time 
13.26 	of retirement.

13.27 	Sec. 3. Minnesota Statutes 2022, section 518.552, subdivision 3, is amended to read:
13.28 		Subd. 3.Permanency of award Duration of maintenance. Nothing in this section shall 
13.29 	be construed to favor a temporary award of maintenance over a permanent award, where 
13.30 	the factors under subdivision 2 justify a permanent award.
13.31 	Where there is some uncertainty as to the necessity of a permanent award, the court shall 
13.32 	order a permanent award leaving its order open for later modification. (a) A maintenance 
14.1 	award may be transitional or indefinite. An award of temporary maintenance issued before 
14.2 	August 1, 2024, is deemed transitional maintenance. An award of permanent maintenance 
14.3 	issued before August 1, 2024, is deemed indefinite maintenance. Maintenance awarded 
14.4 	during the pendency of an initial proceeding for dissolution or legal separation pursuant to 
14.5 	section 518.131 is deemed temporary maintenance.
14.6 	(b) For purposes of this subdivision, "length of the marriage" means the period from the 
14.7 	date of the marriage until the date of the commencement of the action.
14.8 	(c) The court must determine the duration of maintenance based on the length of the 
14.9 	marriage as follows:
14.10 	(1) when the length of the marriage is less than five years, it is rebuttably presumed that 
14.11 	no maintenance should be awarded;
14.12 	(2) when the length of the marriage is at least five years and less than 20 years, it is 
14.13 	rebuttably presumed that transitional maintenance should be awarded with a duration of no 
14.14 	longer than one-half the length of the marriage if the factors set forth in subdivision 1 support 
14.15 	an award of maintenance; and
14.16 	(3) when the length of the marriage is 20 years or more, it is rebuttably presumed that 
14.17 	indefinite maintenance should be awarded if the factors set forth in subdivision 1 support 
14.18 	an award of maintenance.

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

14.24 	Sec. 5. Minnesota Statutes 2022, section 518.552, is amended by adding a subdivision to 
14.25 	read:
14.26 		Subd. 5b.Modification. (a) Upon the motion of either of the parties, the court may 
14.27 	modify the amount and duration of maintenance and may issue an order that the court might 
14.28 	have issued in the original proceeding, except as otherwise provided in this subdivision.
14.29 	(b) The terms of a maintenance order may be modified upon a showing of one or more 
14.30 	of the following circumstances that make the terms of the existing order unreasonable and 
14.31 	unfair:
15.1 	(1) substantially increased or decreased gross income of an obligor or obligee;
15.2 	(2) substantially increased or decreased need of an obligor or obligee; or
15.3 	(3) substantial changes in the federal or state tax laws that affect spousal maintenance.
15.4 	(c) Upon a motion to modify maintenance, including a motion to extend the duration of 
15.5 	a maintenance award, the court shall apply, in addition to all other relevant factors, the 
15.6 	factors for an award of maintenance under subdivisions 1 to 3 that exist at the time of the 
15.7 	motion.
15.8 	(d) Unless the court adopts an alternative effective date under paragraph (f), a 
15.9 	modification of maintenance, including interest that accrued pursuant to section 548.091, 
15.10 	may be made retroactive:
15.11 	(1) for any period during which the petitioning party has a motion for modification that 
15.12 	is pending;
15.13 	(2) from the date that the notice of the motion to modify was served on the responding 
15.14 	party;
15.15 	(3)  from the date that the notice of the motion to modify was served on the public 
15.16 	authority if public assistance is being received; or
15.17 	(4) from the date that the notice of the motion to modify was served on the county 
15.18 	attorney if the county attorney is the attorney of record.
15.19 	(e) The court need not hold an evidentiary hearing on a motion to modify maintenance.
15.20 	(f) The court may select an alternative effective date for a maintenance order if the parties 
15.21 	enter into a binding agreement for an alternative effective date. The court's adoption of an 
15.22 	alternative effective date under this paragraph must not be considered a retroactive 
15.23 	modification of maintenance.

15.24 	Sec. 6. Minnesota Statutes 2022, section 518.552, subdivision 6, is amended to read:
15.25 		Subd. 6.Cohabitation. (a) Spousal maintenance may be modified pursuant to section 
15.26 	518A.39, subdivision 2, subdivision 5b based on the cohabitation by the maintenance obligee 
15.27 	with another adult following dissolution of the marriage. The modification may consist of 
15.28 	a reduction, suspension, reservation, or termination of maintenance. In determining if 
15.29 	maintenance should be modified due to cohabitation, the court shall consider:
15.30 	(1) whether the obligee would marry the cohabitant but for the maintenance award;
15.31 	(2) the economic benefit the obligee derives from the cohabitation;
16.1 	(3) the length of the cohabitation and the likely future duration of the cohabitation; and
16.2 	(4) the economic impact on the obligee if maintenance is modified and the cohabitation 
16.3 	ends.
16.4 	(b) The court must not modify a maintenance award based solely on cohabitation if a 
16.5 	marriage between the obligee and the cohabitant would be prohibited under section 517.03, 
16.6 	subdivision 1, clause (2) or (3). A modification under this subdivision must be precluded 
16.7 	or limited to the extent the parties have entered into a private agreement under subdivision 
16.8 	5.
16.9 	(c) A motion to modify a spousal maintenance award on the basis of cohabitation may 
16.10 	not be brought within one year of the date of entry of the decree of dissolution or legal 
16.11 	separation that orders spousal maintenance, unless the parties have agreed in writing that a 
16.12 	motion may be brought or the court finds that failing to allow the motion to proceed would 
16.13 	create an extreme hardship for one of the parties.

16.14 	Sec. 7. Minnesota Statutes 2022, section 518.552, is amended by adding a subdivision to 
16.15 	read:
16.16 		Subd. 7.Retirement. (a) If a party retires, spousal maintenance may be modified. The 
16.17 	modification of maintenance may consist of a reduction, suspension, reservation, or 
16.18 	termination of maintenance.
16.19 	(b) In determining if maintenance should be modified due to a party's retirement, the 
16.20 	court shall consider:
16.21 	(1) whether the retirement is in good faith or is an unjustifiable self-limitation of income;
16.22 	(2) whether the party has attained the age to receive the party's full retirement benefits 
16.23 	under section 216 of the Social Security Act, United States Code, title 42, section 416, or 
16.24 	the customary age for retirement in the party's occupation;
16.25 	(3) whether a party has reasonably and prudently managed the party's assets since the 
16.26 	dissolution of the marriage; and
16.27 	(4) the financial resources available to both parties.
16.28 	(c) It is presumed that when a party has attained the age to receive the party's full 
16.29 	retirement benefits under section 216 of the Social Security Act, United States Code, title 
16.30 	42, section 416, or the customary age for retirement in the party's occupation, the party will 
16.31 	use both income and assets to meet the party's needs.
17.1 	(d) A party must not be presumed to have retired in bad faith or to have unjustifiably 
17.2 	self-limited the party's income in the event that the party's retirement is occurring on or after 
17.3 	the date the party attains the age to receive full retirement benefits under section 216 of the 
17.4 	Social Security Act, United States Code, title 42, section 416, or the customary age for 
17.5 	retirement in the party's occupation.
17.6 	(e) A motion to modify maintenance due to retirement may be brought before a party 
17.7 	actually retires provided that the moving party specifies the date by which the party's 
17.8 	retirement will occur. The court may then make the modification effective as of the actual 
17.9 	date of retirement.

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

17.16 	Sec. 9. Minnesota Statutes 2022, section 518A.39, subdivision 1, is amended to read:
17.17 		Subdivision 1.Authority. After an order under this chapter or chapter 518 for 
17.18 	maintenance or support money, temporary or permanent child support, or for the appointment 
17.19 	of trustees to receive property awarded as maintenance or support money, the court may 
17.20 	from time to time, on motion of either of the parties, a copy of which is served on the public 
17.21 	authority responsible for child support enforcement if payments are made through it, or on 
17.22 	motion of the public authority responsible for support enforcement, modify the order 
17.23 	respecting the amount of maintenance or support money or medical support, and the payment 
17.24 	of it, and also respecting the appropriation and payment of the principal and income of 
17.25 	property held in trust, and may make an order respecting these matters which it might have 
17.26 	made in the original proceeding, except as herein otherwise provided. A party or the public 
17.27 	authority also may bring a motion for contempt of court if the obligor is in arrears in support 
17.28 	or maintenance payments.

17.29 	Sec. 10. Minnesota Statutes 2023 Supplement, section 518A.39, subdivision 2, is amended 
17.30 	to read:
17.31 		Subd. 2.Modification. (a) The terms of an order respecting maintenance or child support 
17.32 	may be modified upon a showing of one or more of the following, any of which makes the 
18.1 	terms unreasonable and unfair: (1) substantially increased or decreased gross income of an 
18.2 	obligor or obligee; (2) substantially increased or decreased need of an obligor or obligee or 
18.3 	the child or children that are the subject of these proceedings; (3) receipt of assistance under 
18.4 	the AFDC program formerly codified under sections 256.72 to 256.87 or 256B.01 to 256B.39, 
18.5 	or chapter 256J or 256K; (4) a change in the cost of living for either party as measured by 
18.6 	the federal Bureau of Labor Statistics; (5) extraordinary medical expenses of the child not 
18.7 	provided for under section 518A.41; (6) a change in the availability of appropriate health 
18.8 	care coverage or a substantial increase or decrease in health care coverage costs; (7) the 
18.9 	addition of work-related or education-related child care expenses of the obligee or a 
18.10 	substantial increase or decrease in existing work-related or education-related child care 
18.11 	expenses; or (8) upon the emancipation of the child, as provided in subdivision 5.
18.12 	(b) It is presumed that there has been a substantial change in circumstances under 
18.13 	paragraph (a) and the terms of a current support order shall be rebuttably presumed to be 
18.14 	unreasonable and unfair if:
18.15 	(1) the application of the child support guidelines in section 518A.35, to the current 
18.16 	circumstances of the parties results in a calculated court order that is at least 20 percent and 
18.17 	at least $75 per month higher or lower than the current support order or, if the current support 
18.18 	order is less than $75, it results in a calculated court order that is at least 20 percent per 
18.19 	month higher or lower;
18.20 	(2) the medical support provisions of the order established under section 518A.41 are 
18.21 	not enforceable by the public authority or the obligee;
18.22 	(3) health coverage ordered under section 518A.41 is not available to the child for whom 
18.23 	the order is established by the parent ordered to provide;
18.24 	(4) the existing support obligation is in the form of a statement of percentage and not a 
18.25 	specific dollar amount;
18.26 	(5) the gross income of an obligor or obligee has decreased by at least 20 percent through 
18.27 	no fault or choice of the party; or
18.28 	(6) a deviation was granted based on the factor in section 518A.43, subdivision 1, clause 
18.29 	(4), and the child no longer resides in a foreign country or the factor is otherwise no longer 
18.30 	applicable.
18.31 	(c) A child support order is not presumptively modifiable solely because an obligor or 
18.32 	obligee becomes responsible for the support of an additional nonjoint child, which is born 
19.1 	after an existing order. Section 518A.33 shall be considered if other grounds are alleged 
19.2 	which allow a modification of support.
19.3 	(d) If child support was established by applying a parenting expense adjustment or 
19.4 	presumed equal parenting time calculation under previously existing child support guidelines 
19.5 	and there is no parenting plan or order from which overnights or overnight equivalents can 
19.6 	be determined, there is a rebuttable presumption that the established adjustment or calculation 
19.7 	will continue after modification so long as the modification is not based on a change in 
19.8 	parenting time. In determining an obligation under previously existing child support 
19.9 	guidelines, it is presumed that the court shall:
19.10 	(1) if a 12 percent parenting expense adjustment was applied, multiply the obligor's 
19.11 	share of the combined basic support obligation calculated under section 518A.34, paragraph 
19.12 	(b), clause (5), by 0.88; or
19.13 	(2) if the parenting time was presumed equal but the parents' parental incomes for 
19.14 	determining child support were not equal:
19.15 	(i) multiply the combined basic support obligation under section 518A.34, paragraph 
19.16 	(b), clause (5), by 0.75;
19.17 	(ii) prorate the amount under item (i) between the parents based on each parent's 
19.18 	proportionate share of the combined PICS; and
19.19 	(iii) subtract the lower amount from the higher amount.
19.20 	(e) On a motion for modification of maintenance, including a motion for the extension 
19.21 	of the duration of a maintenance award, the court shall apply, in addition to all other relevant 
19.22 	factors, the factors for an award of maintenance under section 518.552 that exist at the time 
19.23 	of the motion. On a motion for modification of support, the court:
19.24 	(1) shall apply section 518A.35, and shall not consider the financial circumstances of 
19.25 	each party's spouse, if any; and
19.26 	(2) shall not consider compensation received by a party for employment in excess of a 
19.27 	40-hour work week, provided that the party demonstrates, and the court finds, that:
19.28 	(i) the excess employment began after entry of the existing support order;
19.29 	(ii) the excess employment is voluntary and not a condition of employment;
19.30 	(iii) the excess employment is in the nature of additional, part-time employment, or 
19.31 	overtime employment compensable by the hour or fractions of an hour;
20.1 	(iv) the party's compensation structure has not been changed for the purpose of affecting 
20.2 	a support or maintenance obligation;
20.3 	(v) in the case of an obligor, current child support payments are at least equal to the 
20.4 	guidelines amount based on income not excluded under this clause; and
20.5 	(vi) in the case of an obligor who is in arrears in child support payments to the obligee, 
20.6 	any net income from excess employment must be used to pay the arrearages until the 
20.7 	arrearages are paid in full.
20.8 	(f) A modification of support or maintenance, including interest that accrued pursuant 
20.9 	to section 548.091, may be made retroactive only with respect to any period during which 
20.10 	the petitioning party has pending a motion for modification but only from the date of service 
20.11 	of notice of the motion on the responding party and on the public authority if public assistance 
20.12 	is being furnished or the county attorney is the attorney of record, unless the court adopts 
20.13 	an alternative effective date under paragraph (l). The court's adoption of an alternative 
20.14 	effective date under paragraph (l) shall not be considered a retroactive modification of 
20.15 	maintenance or support.
20.16 	(g) Except for an award of the right of occupancy of the homestead, provided in section 
20.17 	518.63, all divisions of real and personal property provided by section 518.58 shall be final, 
20.18 	and may be revoked or modified only where the court finds the existence of conditions that 
20.19 	justify reopening a judgment under the laws of this state, including motions under section 
20.20 	518.145, subdivision 2. The court may impose a lien or charge on the divided property at 
20.21 	any time while the property, or subsequently acquired property, is owned by the parties or 
20.22 	either of them, for the payment of maintenance or support money, or may sequester the 
20.23 	property as is provided by section 518A.71.
20.24 	(h) The court need not hold an evidentiary hearing on a motion for modification of 
20.25 	maintenance or support.
20.26 	(i) Sections 518.14 and 518A.735 shall govern the award of attorney fees for motions 
20.27 	brought under this subdivision.
20.28 	(j) An enactment, amendment, or repeal of law constitutes a substantial change in the 
20.29 	circumstances for purposes of modifying a child support order when it meets the standards 
20.30 	for modification in this section.
20.31 	(k) On the first modification following implementation of amended child support 
20.32 	guidelines, the modification of basic support may be limited if the amount of the full variance 
21.1 	would create hardship for either the obligor or the obligee. Hardship includes, but is not 
21.2 	limited to, eligibility for assistance under chapter 256J.
21.3 	(l) The court may select an alternative effective date for a maintenance or support order 
21.4 	if the parties enter into a binding agreement for an alternative effective date.

21.5 	Sec. 11. REPEALER.
 21.6 	Minnesota Statutes 2022, section 518A.39, subdivision 3, is repealed.

21.7 	ARTICLE 3
21.8 	ANTENUPTIAL AND POSTNUPTIAL AGREEMENTS

21.9 	Section 1. Minnesota Statutes 2022, section 519.11, is amended to read:
21.10 	519.11 ANTENUPTIAL AND POSTNUPTIAL CONTRACTS AGREEMENTS.
21.11 		Subdivision 1.Antenuptial contract agreement. A man and woman (a) Two individuals
21.12 	of legal age may enter into an antenuptial contract or settlement agreement prior to the 
21.13 	solemnization of marriage which shall be valid and enforceable if (a) there is a full and fair 
21.14 	disclosure of the earnings and property of each party, and (b) the parties have had an 
21.15 	opportunity to consult with legal counsel of their own choice. An antenuptial contract or 
21.16 	settlement the agreement meets the procedural and substantive fairness requirements under 
21.17 	subdivisions 1b and 1c.
21.18 	(b) An antenuptial agreement made in conformity with this section may:
21.19 	(1) determine what rights each party has in the marital and nonmarital property, as those 
21.20 	terms are defined in section 518.003, subdivision 3b, upon a dissolution of marriage, or
21.21 	legal separation or after its termination by death and;
21.22 	(2) provide for spousal maintenance, as defined in section 518.003, subdivision 3a;
21.23 	(3) determine the rights that each party has in the estate of the other as otherwise conferred 
21.24 	upon them by chapter 524; and
21.25 	(4) may bar each other of all rights in the respective estates not so secured to them by 
21.26 	their agreement. This section shall not be construed to make invalid or unenforceable any 
21.27 	antenuptial agreement or settlement made and executed in conformity with this section 
21.28 	because the agreement or settlement covers or includes marital property, if the agreement 
21.29 	or settlement would be valid and enforceable without regard to this section.
21.30 	(c) The marriage itself is adequate consideration for an agreement made in conformity 
21.31 	with this section.
22.1 	(d) An agreement duly acknowledged and attested is prima facie proof of the matters 
22.2 	acknowledged in the agreement.
22.3 	(e) If an antenuptial agreement unambiguously permits severability, the court may sever 
22.4 	any unenforceable provision and enforce the remaining provisions of the agreement.
22.5 		Subd. 1a.Postnuptial contract. (a) Spouses who are legally married under the laws of 
22.6 	this state may enter into a postnuptial contract or settlement which is valid and enforceable 
22.7 	if it:
22.8 	(1) complies with the requirements for antenuptial contracts or settlements in this section 
22.9 	and in the law of this state, including, but not limited to, the requirement that it be 
22.10 	procedurally and substantively fair and equitable both at the time of its execution and at the 
22.11 	time of its enforcement; and
22.12 	(2) complies with the requirements for postnuptial contracts or settlements in this section.
22.13 	(b) A postnuptial contract or settlement that conforms with this section may determine 
22.14 	all matters that may be determined by an antenuptial contract or settlement under the law 
22.15 	of this state, except that a postnuptial contract or settlement may not determine the rights 
22.16 	of any child of the spouses to child support from either spouse or rights of child custody or 
22.17 	parenting time.
22.18 	(c) A postnuptial contract or settlement is valid and enforceable only if at the time of its 
22.19 	execution each spouse is represented by separate legal counsel.
22.20 	(d) A postnuptial contract or settlement is presumed to be unenforceable if either party 
22.21 	commences an action for a legal separation or dissolution within two years of the date of 
22.22 	its execution, unless the spouse seeking to enforce the postnuptial contract or settlement 
22.23 	can establish that the postnuptial contract or settlement is fair and equitable.
22.24 	(e) Nothing in this section shall impair the validity or enforceability of a contract, 
22.25 	agreement, or waiver which is entered into after marriage and which is described in chapter 
22.26 	524, article 2, part 2, further, a conveyance permitted by section 500.19 is not a postnuptial 
22.27 	contract or settlement under this section.
22.28 		Subd. 1b.Procedural fairness. (a) For purposes of this subdivision, "full and fair 
22.29 	disclosure" means that each party has provided a reasonably accurate description of all 
22.30 	material facts of their income and good faith estimates of the value of their property and 
22.31 	discloses the basis for these disclosures. A party must not waive the full and fair disclosure 
22.32 	requirement under paragraph (b), clause (1).
22.33 	(b) An antenuptial agreement is procedurally fair if:
23.1 	(1) there is full and fair disclosure of the current income and property of each party;
23.2 	(2) each party has had a meaningful opportunity to consult with independent legal counsel 
23.3 	of the party's choosing;
23.4 	(3)  the agreement is in writing, executed in the presence of two witnesses, and 
23.5 	acknowledged by the parties before a person authorized to administer an oath under the 
23.6 	laws of this state;
23.7 	(4)  the agreement is entered into voluntarily and free of duress; and
23.8 	(5)  the agreement is entered into and executed no less than seven days before the marriage.
23.9 	(c) An agreement entered into and executed at least seven days before the date of marriage 
23.10 	is presumed enforceable and the burden of proof is on the party seeking to set aside the 
23.11 	agreement. An agreement that is entered into and executed less than seven days before the 
23.12 	marriage is not presumed enforceable, and the proponent of the agreement has the burden 
23.13 	of proof.
23.14 	(d) A power of attorney does not satisfy the requirements of paragraph (b), clause (3).
23.15 		Subd. 1c.Substantive fairness. (a) In determining if an agreement under this section 
23.16 	is substantively fair, the court shall consider whether all or part of the agreement is 
23.17 	substantively unfair as to be unconscionable to a party either by the agreement's terms or 
23.18 	as the result of drastically changed circumstances originally not foreseen when the agreement 
23.19 	was created, such that enforcement would no longer comport with the reasonable expectations 
23.20 	of the parties at the time that the parties executed the agreement.
23.21 	(b) The agreement need not approximate a division of marital or nonmarital property, 
23.22 	or an award of spousal maintenance, consistent with statutory law regarding property division 
23.23 	or spousal maintenance. A deviation from statutory standards does not in itself make an 
23.24 	agreement unconscionable.
23.25 		Subd. 1d.Postnuptial agreement. (a) Spouses who are legally married under the laws 
23.26 	of this state may enter into a postnuptial agreement, which is valid and enforceable if the 
23.27 	agreement:
23.28 	(1) complies with the requirements for antenuptial agreements in this section and in the 
23.29 	laws of this state, including but not limited to the requirement that the agreement be 
23.30 	procedurally and substantively fair except that subdivision 1b, paragraph (b), clause (5), 
23.31 	does not apply; and
23.32 	(2) complies with the requirements for postnuptial agreements in this section.
24.1 	(b) A postnuptial agreement that conforms with this section may determine all matters 
24.2 	that may be determined by an antenuptial agreement under the law of this state.
24.3 	(c) A postnuptial agreement is valid and enforceable only if at the time of its execution 
24.4 	each spouse is represented by separate legal counsel.
24.5 	(d) A postnuptial agreement is presumed to be unenforceable if either party commences 
24.6 	an action for a legal separation or dissolution within two years of the date of the agreement's 
24.7 	execution, unless the spouse seeking to enforce the postnuptial agreement can establish that 
24.8 	the postnuptial agreement is fair and equitable.
24.9 	(e) Nothing in this section impairs the validity or enforceability of a contract, an 
24.10 	agreement, or a waiver that is entered into after marriage and that is described in sections 
24.11 	524.2-201 to 524.2-215. Further, a conveyance permitted by section 500.19 is not a 
24.12 	postnuptial agreement under this section.
24.13 		Subd. 2.Writing; execution. Antenuptial or postnuptial contracts or settlements shall 
24.14 	be in writing, executed in the presence of two witnesses and acknowledged by the parties, 
24.15 	executing the same before any officer or person authorized to administer an oath under the 
24.16 	laws of this state. An antenuptial contract must be entered into and executed prior to the 
24.17 	day of solemnization of marriage. A power of attorney may not be used to accomplish the 
24.18 	purposes of this section.
24.19 		Subd. 2a.Amendment or revocation. An antenuptial contract or settlement agreement
24.20 	may be amended or revoked after the marriage of the parties only by a valid postnuptial 
24.21 	contract or settlement which agreement that complies with this section and with the laws 
24.22 	of this state. A postnuptial contract or settlement agreement may be amended or revoked 
24.23 	only by a later, valid postnuptial contract or settlement which agreement that complies with 
24.24 	this section and with the laws of this state.
24.25 		Subd. 3.Filing; recording. An antenuptial or postnuptial contract or settlement which 
24.26 	by its terms conveys or determines what rights each has in the other's real property and sets 
24.27 	forth the legal description of the real estate granted or affected by the agreement may be 
24.28 	filed or recorded in every county where any real estate so described is situated, in the office 
24.29 	of the county recorder for the county or in any public office authorized to receive a deed, 
24.30 	assignment or other instrument affecting the real estate, for filing or recording.
24.31 		Subd. 4.Effect of recording. Any antenuptial or postnuptial contract or settlement not 
24.32 	recorded in the office of the county recorder or other public office authorized to receive the 
24.33 	document, where the real property is located, shall be void as against any subsequent 
24.34 	purchaser in good faith and for a valuable consideration of the same real property, or any 
25.1 	part thereof, whose conveyance is first duly recorded, and as against any attachment levied 
25.2 	thereon or any judgment lawfully obtained at the suit of any party against the person in 
25.3 	whose name the title to the property appears of record prior to recording of the conveyance.
25.4 		Subd. 5.Evidence; burden of proof. An antenuptial or postnuptial contract or settlement 
25.5 	duly acknowledged and attested shall be prima facie proof of the matters acknowledged 
25.6 	therein and as to those matters, the burden of proof shall be and rest upon the person 
25.7 	contesting the same.
25.8 		Subd. 6.Effective date Application. This section shall apply applies to all antenuptial 
25.9 	contracts and settlements executed on or after August 1, 1979, and shall apply to all
25.10 	postnuptial contracts and settlements executed on or after August 1, 1994 agreements 
25.11 	executed on or after August 1, 2024. An antenuptial agreement entered into before August 
25.12 	1, 2024, shall not be invalidated based on the same sex of the parties to the agreement.
25.13 		Subd. 7.Effect of sections 519.01 to 519.101.  Nothing in sections 519.01 to 519.101, 
25.14 	shall be construed to affect antenuptial or postnuptial contracts or settlements agreements.

25.15 	EFFECTIVE DATE. This section is effective August 1, 2024, and applies to agreements 
25.16 	executed on or after that date.

25.17 	Sec. 2. REVISOR INSTRUCTION.
 25.18 	The revisor of statutes shall change the terms "husband," "wife," "husband and wife," 
25.19 	and "husband or wife" to "spouse," "spouses," or a similar gender-neutral term wherever 
25.20 	the terms appear in Minnesota Statutes, unless the context indicates that the previous term 
25.21 	should remain. The revisor of statutes shall also make grammatical changes related to the 
25.22 	changes in terms.

25.23 	ARTICLE 4
25.24 	ASSISTED REPRODUCTION

25.25 	Section 1. [257E.10] DEFINITIONS.
25.26 		Subdivision 1.Definitions. For purposes of this chapter, the following terms have the 
25.27 	meanings given.
25.28 		Subd. 2.Assisted reproduction. "Assisted reproduction" means a method of causing 
25.29 	pregnancy other than sexual intercourse. The term includes:
25.30 	(1) intrauterine, intracervical, or vaginal insemination;
25.31 	(2) donation of gametes;
26.1 	(3) donation of embryos;
26.2 	(4) in vitro fertilization and transfer of embryos; and
26.3 	(5) intracytoplasmic sperm injection.
26.4 	Assisted reproduction does not include a pregnancy under a surrogacy agreement, the 
26.5 	pregnancy of a surrogate, the transfer of an embryo to a surrogate, or when a child is 
26.6 	conceived pursuant to a surrogacy agreement.  For purposes of this subdivision, "surrogate" 
26.7 	means an individual who agrees to become pregnant but who does not intend to be legally 
26.8 	bound as a parent of the child.
26.9 		Subd. 3.Birth. "Birth" includes fetal deaths reportable under section 144.222.
26.10 		Subd. 4.Determination of parentage. "Determination of parentage" means the 
26.11 	establishment of a parent-child relationship by a judicial proceeding or signing of a valid 
26.12 	recognition of parentage under section 257.75.
26.13 		Subd. 5.Donor. "Donor" means an individual who provides gametes intended for use 
26.14 	in assisted reproduction, whether or not for consideration. The term does not include a parent 
26.15 	or an intended parent.
26.16 		Subd. 6.Gamete. "Gamete" means a sperm or an egg.
26.17 		Subd. 7.Genetic testing. "Genetic testing" means an analysis of genetic markers to 
26.18 	identify or exclude a genetic relationship.
26.19 		Subd. 8.Intended parent. "Intended parent" means an individual, married or unmarried, 
26.20 	who manifests an intent to be legally bound as a parent of a child conceived by assisted 
26.21 	reproduction.
26.22 		Subd. 9.Parent. "Parent" means an individual who is the legal parent of a child under 
26.23 	the laws of the state.
26.24 		Subd. 10.Parentage; parent-child relationship. "Parentage" or "parent-child 
26.25 	relationship" means the legal relationship between a child and a parent of the child.
26.26 		Subd. 11.Presumed parent. "Presumed parent" means an individual who under sections 
26.27 	257.51 to 257.74 is presumed to be a parent of a child, unless the requirements of section 
26.28 	257.57, subdivision 2, are met; the presumption is overcome in a judicial proceeding; a 
26.29 	valid denial of parentage is made under this chapter; or a court adjudicates the individual 
26.30 	to be a parent.
26.31 		Subd. 12.Transfer. "Transfer" means a procedure for assisted reproduction by which 
26.32 	an embryo or sperm is placed in the body of the individual who will give birth to the child.

27.1 	Sec. 2. [257E.15] ORDERS OF PARENTAGE.
27.2 	(a) If the court determines that an individual is a parent under this chapter, either because 
27.3 	the individual gave birth to the child or the individual is a consenting intended parent under 
27.4 	section 257E.23, the court shall adjudicate the individual to be a parent of the child.
27.5 	(b) An individual who is or claims to be a parent under this section or the individual 
27.6 	who gave birth to the child may commence a proceeding before or after the birth of the 
27.7 	child in district court for an order or judgment:
27.8 	(1) declaring that each intended parent is a parent of the child and ordering that parental 
27.9 	rights and duties vest immediately upon the birth of the child;
27.10 	(2) designating the content of the birth record in accordance with applicable law and 
27.11 	directing the Office of Vital Records to designate each intended parent as a parent of the 
27.12 	child;
27.13 	(3) to protect the privacy of the child and the parties, declaring that the court record is 
27.14 	not open to inspection; and
27.15 	(4) for other relief that the court determines necessary and proper.
27.16 	(c) The court may issue an order or a judgment under this section before the birth of the 
27.17 	child. The court shall stay enforcement of the order or judgment until the birth of the child.
27.18 	(d) Neither this state nor the Office of Vital Records is a necessary party to a proceeding 
27.19 	under this section.

27.20 	Sec. 3. [257E.21] PARENTAL STATUS OF DONOR.
27.21 	A donor is not a parent of a child conceived by assisted reproduction.

27.22 	Sec. 4. [257E.22] PARENTAGE OF CHILD OF ASSISTED REPRODUCTION.
27.23 	An intended parent who consents under section 257E.23 to assisted reproduction by 
27.24 	another individual with the intent to be a parent of a child conceived by assisted reproduction 
27.25 	is a parent of the child.

27.26 	Sec. 5. [257E.23] CONSENT TO ASSISTED REPRODUCTION.
27.27 	(a) Except as otherwise provided in paragraph (b), the consent described in section 
27.28 	257E.22 must be in a record signed by the individual giving birth to a child conceived by 
27.29 	assisted reproduction and an intended parent.
28.1 	(b) Failure to consent in a record as required by paragraph (a), before, on, or after the 
28.2 	birth of the child does not preclude the court from finding consent to parentage if:
28.3 	(1) the individual giving birth to a child or the intended parent proves by clear and 
28.4 	convincing evidence the existence of an express agreement entered into before conception 
28.5 	that the intended parent and the individual giving birth to the child intended that they both 
28.6 	would be parents of the child; or
28.7 	(2) the individual giving birth to a child and the intended parent for the first two years 
28.8 	of the child's life, including any period of temporary absence, resided together in the same 
28.9 	household with the child and both openly held out the child as the intended parent's child, 
28.10 	unless the intended parent dies or becomes incapacitated before the child attains two years 
28.11 	of age or the child dies before the child attains two years of age, in which case the court 
28.12 	may find consent under this paragraph to parentage if a party proves by clear and convincing 
28.13 	evidence that the individual giving birth to the child and the intended parent intended to 
28.14 	reside together in the same household with the child and both intended that the intended 
28.15 	parent would openly hold out the child as the intended parent's child, but the intended parent 
28.16 	was prevented from carrying out that intent by death or incapacity.

28.17 	Sec. 6. [257E.24] SPOUSE'S DISPUTE OF PARENTAGE; LIMITATIONS.
28.18 	(a) Except as otherwise provided in paragraph (b), an individual who, at the time of a 
28.19 	child's birth, is the spouse of the parent who gave birth to the child by assisted reproduction 
28.20 	may not challenge the individual's parentage of the child unless:
28.21 	(1) not later than two years after the birth of the child, the spouse commences a proceeding 
28.22 	to adjudicate the spouse's parentage of the child; and
28.23 	(2) the court finds that the spouse did not consent to the assisted reproduction before, 
28.24 	on, or after birth of the child, or withdrew consent under section 257E.26.
28.25 	(b) A proceeding to adjudicate a spouse's parentage of a child born by assisted 
28.26 	reproduction may be commenced at any time if the court determines:
28.27 	(1) the spouse neither provided a gamete for, nor consented to, the assisted reproduction;
28.28 	(2) the spouse and the parent who gave birth to the child have not cohabited since the 
28.29 	probable time of assisted reproduction; and
28.30 	(3) the spouse never openly held out the child as the spouse's child.
28.31 	(c) This section applies to a spouse's dispute of parentage even if the spouse's marriage 
28.32 	is declared invalid after assisted reproduction occurs.

29.1 	Sec. 7. [257E.25] EFFECT OF DISSOLUTION.
29.2 	If a marriage of an individual who gives birth to a child conceived by assisted 
29.3 	reproduction is terminated through divorce or dissolution, subject to legal separation or 
29.4 	separate maintenance, declared invalid, or annulled before the transfer of gametes or embryos 
29.5 	to the individual giving birth to the child, a former spouse of the individual giving birth to 
29.6 	the child is not a parent of the child unless the former spouse consented in a record that the 
29.7 	former spouse would be a parent of the child if assisted reproduction were to occur after a 
29.8 	divorce, a dissolution, an annulment, a declaration of invalidity, a legal separation, or separate 
29.9 	maintenance, and the former spouse did not withdraw consent under section 257E.26.

29.10 	Sec. 8. [257E.26] WITHDRAWAL OF CONSENT.
29.11 	(a) An intended parent who consents under section 257E.23 to assisted reproduction 
29.12 	may withdraw consent any time before a transfer that results in a pregnancy, by giving 
29.13 	notice in a record of the withdrawal of consent to the individual who agreed to give birth 
29.14 	to a child conceived by assisted reproduction and to any clinic or health care provider 
29.15 	facilitating the assisted reproduction. Failure to give notice to the clinic or health care 
29.16 	provider does not affect a determination of parentage under this chapter.
29.17 	(b) An individual who withdraws consent under paragraph (a) is not a parent of the child 
29.18 	under this chapter.

29.19 	Sec. 9. [257E.27] PARENTAL STATUS OF DECEASED INDIVIDUAL.
29.20 	(a) If an individual who intends to be a parent of a child conceived by assisted 
29.21 	reproduction dies during the period between the transfer of a gamete or embryo and the 
29.22 	birth of the child, the individual's death does not preclude the establishment of the individual's 
29.23 	parentage of the child if the individual otherwise would be a parent of the child under this 
29.24 	chapter.
29.25 	(b) If an individual who consented in a record to assisted reproduction by an individual 
29.26 	who agreed to give birth to a child dies before a transfer of gametes or embryos, the deceased 
29.27 	individual is a parent of a child conceived by the assisted reproduction only if:
29.28 	(1) either:
29.29 	(i) the individual consented in a record that if assisted reproduction were to occur after 
29.30 	the death of the individual, the individual would be a parent of the child; or
29.31 	(ii) the individual's intent to be a parent of a child conceived by assisted reproduction 
29.32 	after the individual's death is established by clear and convincing evidence; and
30.1 	(2) either:
30.2 	(i) the embryo is in utero not later than 36 months after the individual's death; or
30.3 	(ii) the child is born not later than 45 months after the individual's death.

30.4 	Sec. 10. REPEALER.
 30.5 	Minnesota Statutes 2022, section 257.56, is repealed.

APPENDIX 

Repealed Minnesota Statutes: UEH3204-1 

257.56 ARTIFICIAL INSEMINATION.Subdivision 1.Husband treated as biological father. 
If, under the supervision of a licensed physician and with the consent of her husband, a wife is inseminated artificially with semen donated by a man not her husband, the husband is treated in law as if he were the biological father of a child thereby conceived. The husband's consent must be in writing and signed by him and his wife. The consent must be retained by the physician for at least four years after the confirmation of a pregnancy that occurs during the process of artificial insemination. 

All papers and records pertaining to the insemination, whether part of the permanent record of a court or of a file held by the supervising physician or elsewhere, are subject to inspection only upon an order of the court for good cause shown. 

Subd. 2.Donor not treated as biological father. 
The donor of semen provided to a licensed physician for use in artificial insemination of a married woman other than the donor's wife is treated in law as if he were not the biological father of a child thereby conceived. 

518A.39 MODIFICATION OF ORDERS OR DECREES.Subd. 3.Maintenance on death or remarriage. 
Unless otherwise agreed in writing or expressly provided in the decree, the obligation to pay future maintenance is terminated upon the death of either party or the remarriage of the party receiving maintenance.