HF 1718

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to marriage dissolution; maintenance; 
  1.3             prohibiting permanent maintenance; limiting the 
  1.4             duration of temporary maintenance; amending Minnesota 
  1.5             Statutes 2000, section 518.552, subdivision 2; 
  1.6             repealing Minnesota Statutes 2000, section 518.552, 
  1.7             subdivision 3. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 518.552, 
  1.10  subdivision 2, is amended to read: 
  1.11     Subd. 2.  [PURPOSES; FACTORS.] (a) The maintenance order 
  1.12  shall be awarded only for rehabilitative purposes and in no 
  1.13  circumstances: 
  1.14     (1) to a party who has total assets from all sources 
  1.15  exceeding $1,000,000; or 
  1.16     (2) for a longer duration than four years or until the 
  1.17  spouse seeking maintenance completes a bachelor's degree, 
  1.18  whichever is shorter. 
  1.19     (b) Except as otherwise provided by paragraph (a), 
  1.20  maintenance may be awarded in amounts and for periods of time, 
  1.21  either temporary or permanent, as the court deems just, without 
  1.22  regard to marital misconduct, and after considering all relevant 
  1.23  factors including: 
  1.24     (a) (1) the financial resources of the party seeking 
  1.25  maintenance, including marital property apportioned to the 
  1.26  party, and the party's ability to meet needs independently, 
  2.1   including the extent to which a provision for support of a child 
  2.2   living with the party includes a sum for that party as 
  2.3   custodian; 
  2.4      (b) (2) the time necessary to acquire sufficient education 
  2.5   or training to enable the party seeking maintenance to find 
  2.6   appropriate employment, and the probability, given the party's 
  2.7   age and skills, of completing education or training and becoming 
  2.8   fully or partially self-supporting; 
  2.9      (c) (3) the standard of living established during the 
  2.10  marriage; 
  2.11     (d) (4) the duration of the marriage and, in the case of a 
  2.12  homemaker, the length of absence from employment and the extent 
  2.13  to which any education, skills, or experience have become 
  2.14  outmoded and earning capacity has become permanently diminished; 
  2.15     (e) (5) the loss of earnings, seniority, retirement 
  2.16  benefits, and other employment opportunities forgone by the 
  2.17  spouse seeking spousal maintenance; 
  2.18     (f) (6) the age, and the physical and emotional condition 
  2.19  of the spouse seeking maintenance; 
  2.20     (g) (7) the ability of the spouse from whom maintenance is 
  2.21  sought to meet needs while meeting those of the spouse seeking 
  2.22  maintenance; and 
  2.23     (h) (8) the contribution of each party in the acquisition, 
  2.24  preservation, depreciation, or appreciation in the amount or 
  2.25  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 
  2.27  employment or business. 
  2.28     Sec. 2.  [REPEALER.] 
  2.29     Minnesota Statutes 2000, section 518.552, subdivision 3, is 
  2.30  repealed.