HF 1333

as introduced - 89th Legislature (2015 - 2016) Posted on 03/15/2016 08:41am

A bill for an act
relating to civil law; allowing for termination of awards based on the cohabitation
of the obligee; amending Minnesota Statutes 2014, section 518A.39, subdivision
3.

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

Section 1.

Minnesota Statutes 2014, section 518A.39, subdivision 3, is amended to read:

Subd. 3.

Maintenance on death new text begin , cohabitation, new text end or remarriage.

new text begin (a) new text end 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.

new text begin (b) Unless otherwise agreed in writing or expressly provided in the decree, the
obligation to pay future maintenance shall be suspended or terminated upon evidence that
the party receiving maintenance cohabitates with another individual. The determination
that the obligee is cohabitating for the purposes of this section shall include consideration
of:
new text end

new text begin (1) joint bank accounts, joint holdings, or other jointly held assets or liabilities
including joint ownership in real estate;
new text end

new text begin (2) joint responsibilities for living expenses;
new text end

new text begin (3) recognition of the relationship with family and friends;
new text end

new text begin (4) whether or not the parties are living together, maintaining frequent contact,
sharing household chores, or demonstrating other indicia of a mutually supportive intimate
personal relationship;
new text end

new text begin (5) the duration of the relationship;
new text end

new text begin (6) whether or not the obligee has an enforceable promise of support from another
person or has engaged in a commitment ceremony regardless of the legal significance; and
new text end

new text begin (7) other relevant evidence.
new text end

new text begin (c) In evaluating whether cohabitation is occurring under paragraph (b) and in
determining whether maintenance should be suspended or terminated, the court shall not
find an absence of cohabitation solely on the grounds that the obligee and the individual
with whom the obligee cohabitates maintain separate residences or do not live together on
a full-time basis. The court must not use one of the factors for consideration in paragraph
(b) to the exclusion of all others. The burden of proving that the obligee is cohabitating
with another individual is on the obligor. The court must make written findings on each of
the factors in paragraph (b) in a determination on the issue of whether or not the obligee is
cohabitating with another individual.
new text end