HF 3204

3rd Engrossment - 93rd Legislature (2023 - 2024) Posted on 05/09/2024 08:19am

A bill for an act
relating to family law; modifying parenting time and spousal maintenance
provisions; modifying and updating provisions governing antenuptial and
postnuptial agreements; establishing rights and responsibilities relating to assisted
reproduction; directing the revisor of statutes to update terms used in statute;
amending Minnesota Statutes 2022, sections 257.025; 518.131, subdivisions 1,
11; 518.14; 518.17, subdivisions 1, 3; 518.175, subdivisions 1, 6; 518.552,
subdivisions 1, 2, 3, 6, by adding subdivisions; 518A.39, subdivision 1; 519.11;
Minnesota Statutes 2023 Supplement, section 518A.39, subdivision 2; proposing
coding for new law in Minnesota Statutes, chapter 518; proposing coding for new
law as Minnesota Statutes, chapter 257E; repealing Minnesota Statutes 2022,
sections 257.56; 518A.39, subdivision 3.

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

ARTICLE 1

PARENTING TIME

Section 1.

Minnesota Statutes 2022, section 257.025, is amended to read:

257.025 CUSTODY new text begin AND PARENTING TIME new text end DISPUTES.

(a) In any custody or parenting time proceeding involving unmarried parents, the court
shall consider new text begin section 518.175 new text end and evaluate all relevant factors in section 518.17, subdivision
1, to determine the best interests of the child.

(b) The fact that the parents of the child are not or were never married to each other shall
not be determinative of the custody new text begin and parenting time new text end of the child.

(c) A person may seek custody of a child by filing a petition or motion pursuant to section
518.156.

(d) Section 518.619 applies to this section.

Sec. 2.

new text begin [518.0011] PUBLIC POLICY STATEMENT.
new text end

new text begin The public policy of this state is to:
new text end

new text begin (1) ensure that each child has frequent and substantial contact with the child's parents,
as long as the child's parents have shown the ability to act in the best interests of the child;
new text end

new text begin (2) ensure that parents and caregivers provide a safe and nurturing environment for each
child; and
new text end

new text begin (3) encourage parents to share the rights and duties of raising their child.
new text end

Sec. 3.

Minnesota Statutes 2022, section 518.131, subdivision 1, is amended to read:

Subdivision 1.

Permissible orders.

In a proceeding brought for custody, dissolution,
or legal separation, or for disposition of property, maintenance, or child support following
the dissolution of a marriage, either party may, by motion, request from the court and the
court may grant a temporary order pending the final disposition of the proceeding to or for:

(a) Temporary custody and parenting time regarding the minor children of the parties new text begin .
In addition to the requirements under section 518.17, subdivision 1, the court must consider
the child's parenting time with each parent before the pending action commenced. If the
child's access to a parent was limited or restricted before the action commenced, the court
must determine the child's custody and parenting time in a manner that supports the child's
opportunity to develop a relationship with both parents in accordance with sections 518.17
and 518.175 new text end ;

(b) Temporary maintenance of either spouse;

(c) Temporary child support for the children of the parties;

(d) Temporary costs and reasonable attorney fees;

(e) Award the temporary use and possession, exclusive or otherwise, of the family home,
furniture, household goods, automobiles, and other property of the parties;

(f) Restrain one or both parties from transferring, encumbering, concealing, or disposing
of property except in the usual course of business or for the necessities of life, and to account
to the court for all such transfers, encumbrances, dispositions, and expenditures made after
the order is served or communicated to the party restrained in open court;

(g) Restrain one or both parties from harassing, vilifying, mistreating, molesting,
disturbing the peace, or restraining the liberty of the other party or the children of the parties;

(h) Restrain one or both parties from removing any minor child of the parties from the
jurisdiction of the court;

(i) Exclude a party from the family home of the parties or from the home of the other
party; and

(j) Require one or both of the parties to perform or to not perform such additional acts
as will facilitate the just and speedy disposition of the proceeding, or will protect the parties
or their children from physical or emotional harm.

Sec. 4.

Minnesota Statutes 2022, section 518.131, subdivision 11, is amended to read:

Subd. 11.

deleted text begin Temporary support and maintenance deleted text end new text begin Cases given priority for temporary
relief new text end .

deleted text begin Temporary support and maintenance may be ordered during the time a parenting
plan is being developed under section 518.1705. deleted text end new text begin (a) While the proceeding is pending, the
court must give priority to scheduling and holding an expedited hearing for temporary relief
when a party credibly alleges that:
new text end

new text begin (1) the party has been denied parenting time with a child for 14 consecutive days or
more; or
new text end

new text begin (2) the party has been unreasonably denied access to necessary financial resources or
support during a pending marital dissolution.
new text end

new text begin (b) A court must hold a priority hearing under this subdivision within 30 days of the
party's request.
new text end

new text begin (c) A court must consider credible allegations of domestic abuse, substance abuse,
maltreatment findings, or neglect as a reasonable basis for a party who has denied parenting
time to the other party.
new text end

new text begin (d) If temporary parenting time is ordered, the court may also order temporary child
support if requested by the other party.
new text end

Sec. 5.

Minnesota Statutes 2022, section 518.14, is amended to read:

518.14 COSTS AND DISBURSEMENTS; ATTORNEY FEES; COLLECTION
COSTS.

Subdivision 1.

General.

Except as provided in section 518A.735, in a proceeding under
this chapter or chapter 518A, the court shall award attorney fees, costs, and disbursements
in an amount necessary to enable a party to carry on or contest the proceeding, provided it
finds:

(1) that the fees are necessary for the good faith assertion of the party's rights in the
proceeding and will not contribute unnecessarily to the length and expense of the proceeding;

(2) that the party from whom fees, costs, and disbursements are sought has the means
to pay them; and

(3) that the party to whom fees, costs, and disbursements are awarded does not have the
means to pay them.

new text begin Subd. 1a. new text end

new text begin Other award. new text end

deleted text begin Nothing in this section or section 518A.735 precludes deleted text end The
court deleted text begin from awarding deleted text end new text begin may award new text end , in its discretion, additional fees, costs, and disbursements
against a party who unreasonably contributes to the length or expense of the proceeding new text begin or
whose unreasonable failure to comply with an order or decree causes the other party to seek
enforcement or other relief, including the reimbursement of fees and costs incurred before
filing a motion new text end . new text begin In determining whether to award fees, the court must consider the
circumstances and any other factors that contributed to the length or expense of the
proceeding. new text end Fees, costs, and disbursements provided for in this section and section 518A.735
may be awarded at any point in the proceeding, including a modification proceeding under
sections 518.18 and 518A.39. The court may adjudge costs and disbursements against either
party. The court may authorize the collection of money awarded by execution, or out of
property sequestered, or in any other manner within the power of the court. An award of
attorney's fees made by the court during the pendency of the proceeding or in the final
judgment survives the proceeding and if not paid by the party directed to pay the same may
be enforced as above provided or by a separate civil action brought in the attorney's own
name. If the proceeding is dismissed or abandoned prior to determination and award of
attorney's fees, the court may nevertheless award attorney's fees upon the attorney's motion.
The award shall also survive the proceeding and may be enforced in the same manner as
last above provided.

Sec. 6.

Minnesota Statutes 2022, section 518.17, subdivision 1, is amended to read:

Subdivision 1.

Best interests of the child.

(a) In evaluating the best interests of the child
for purposes of determining issues of custody and parenting time, the court must consider
and evaluate all relevant factors, including:

(1) a child's physical, emotional, cultural, spiritual, and other needs, and the effect of
the proposed arrangements on the child's needs and development;

(2) any special medical, mental health, developmental disability, or educational needs
that the child may have that may require special parenting arrangements or access to
recommended services;

(3) the reasonable preference of the child, if the court deems the child to be of sufficient
ability, age, and maturity to express an independent, reliable preference;

(4) whether domestic abuse, as defined in section 518B.01, has occurred in the parents'
or either parent's household or relationship; the nature and context of the domestic abuse;
and the implications of the domestic abuse for parenting and for the child's safety, well-being,
and developmental needs;

(5) any physical, mental, or chemical health issue of a parent that affects the child's
safety or developmental needs;

(6) the history and nature of each parent's participation in providing care for the child;

(7) the willingness and ability of each parent to provide ongoing care for the child; to
meet the child's ongoing developmental, emotional, spiritual, and cultural needs; and to
maintain consistency and follow through with parenting time;

(8) the effect on the child's well-being and development of changes to home, school,
and community;

(9) the effect of the proposed arrangements on the ongoing relationships between the
child and each parent, siblings, and other significant persons in the child's life;

(10) the benefit to the child in maximizing parenting time with both parents and the
detriment to the child in limiting parenting time with either parent;

(11) except in cases in which domestic abuse as described in clause (4) has occurred,
the disposition of each parent to support the child's relationship with the other parent and
to encourage and permit frequent and continuing contact between the child and the other
parent; and

(12) the willingness and ability of parents to cooperate in the rearing of their child; to
maximize sharing information and minimize exposure of the child to parental conflict; and
to utilize methods for resolving disputes regarding any major decision concerning the life
of the child.

(b) Clauses (1) to (9) govern the application of the best interests of the child factors by
the court:

(1) The court must make detailed findings on each of the factors in paragraph (a) based
on the evidence presented and explain how each factor led to its conclusions and to the
determination of custody and parenting time. The court may not use one factor to the
exclusion of all others, and the court shall consider that the factors may be interrelated.

(2) The court shall consider that it is in the best interests of the child to promote the
child's healthy growth and development through safe, stable, nurturing relationships between
a child and both parents. new text begin In determining custody, the court must consider the best interests
of the child and must not prefer one parent over the other solely on the basis of the gender
of the parent.
new text end

(3) The court shall consider both parents as having the capacity to develop and sustain
nurturing relationships with their children unless there are substantial reasons to believe
otherwise. In assessing whether parents are capable of sustaining nurturing relationships
with their children, the court shall recognize that there are many ways that parents can
respond to a child's needs with sensitivity and provide the child love and guidance, and
these may differ between parents and among cultures.

(4) The court shall not consider conduct of a party that does not affect the party's
relationship with the child.

(5) Disability alone, as defined in section 363A.03, of a proposed custodian or the child
shall not be determinative of the custody of the child.

(6) The court shall consider evidence of a violation of section 609.507 in determining
the best interests of the child.

(7) There is no presumption for or against joint physical custody, except as provided in
clause (9).

(8) Joint physical custody does not require an absolutely equal division of time.

(9) The court shall use a rebuttable presumption that upon request of either or both
parties, joint legal custody is in the best interests of the child. However, the court shall use
a rebuttable presumption that joint legal custody or joint physical custody is not in the best
interests of the child if domestic abuse, as defined in section 518B.01, has occurred between
the parents. In determining whether the presumption is rebutted, the court shall consider
the nature and context of the domestic abuse and the implications of the domestic abuse for
parenting and for the child's safety, well-being, and developmental needs. Disagreement
alone over whether to grant sole or joint custody does not constitute an inability of parents
to cooperate in the rearing of their children as referenced in paragraph (a), clause (12).

(c) In a proceeding involving the custodial responsibility of a service member's child, a
court may not consider only a parent's past deployment or possible future deployment in
determining the best interests of the child. For purposes of this paragraph, "custodial
responsibility" has the meaning given in section 518E.102, paragraph (f).

Sec. 7.

Minnesota Statutes 2022, section 518.17, subdivision 3, is amended to read:

Subd. 3.

Custody order.

(a) Upon adjudging the nullity of a marriage, or in a dissolution
or separation proceeding, or in a child custody proceeding, the court shall make such further
order as it deems just and proper concerning:

(1) the legal custody of the minor children of the parties deleted text begin which deleted text end new text begin that new text end shall be sole or joint;

(2) their physical custody new text begin , parenting time, new text end and residence; and

(3) their support. deleted text begin In determining custody, the court shall consider the best interests of
each child and shall not prefer one parent over the other solely on the basis of the sex of the
parent.
deleted text end

(b) The court shall grant the rights listed in subdivision 3a to each of the parties, regardless
of custodial designation, unless specific findings are made under section 518.68, subdivision
1. The court shall include in the custody order the notice under subdivision 3a.

(c) The court may waive any of the rights under this section if it finds it is necessary to
protect the welfare of a party or child.

(d) If a court order or law prohibits contact by a party, the notifications and information
required to be sent under subdivision 3a, clauses (1), (2), (3), (5), and (6), shall not be made
by direct communication of the parties. Third-party communication shall be limited to the
specific purposes delineated in this subdivision or subdivision 3a. Nothing in this subdivision
or subdivision 3a shall modify, suspend, revoke, or terminate a court order or law that
prohibits contact by a party.

(e) If one of the parties is a program participant under chapter 5B, the other party shall
send all information and notifications required under subdivision 3a, clauses (1), (2), (3),
(5), and (6), to the participant's designated address. The program participant is exempted
from the requirements of subdivision 3a.

(f) Failure to notify or inform a party of rights under subdivision 3a does not form a
basis for modification under section 518.18, paragraph (d), clause (iv), unless other grounds
are alleged which would support a modification.

Sec. 8.

Minnesota Statutes 2022, section 518.175, subdivision 1, is amended to read:

Subdivision 1.

General.

(a) In all proceedings for dissolution or legal separation,
subsequent to the commencement of the proceeding and continuing thereafter during the
minority of the child, the court shall, upon the request of either parent, grant such parenting
time on behalf of the child and a parent as will enable the child and the parent to maintain
a child to parent relationship that will be in the best interests of the child. The court, when
issuing a parenting time order, may reserve a determination as to the future establishment
or expansion of a parent's parenting time. In that event, the best interest standard set forth
in subdivision 5, paragraph (a), shall be applied to a subsequent motion to establish or
expand parenting time.

(b) If the court finds, after a hearing, that parenting time with a parent is likely to endanger
the child's physical new text begin , mental, new text end or emotional health new text begin or safety new text end or impair the child's emotional
development, the court shall restrict parenting time with that parent as to time, place, duration,
or supervision and may deny parenting time entirely, as the circumstances warrant. The
court shall consider the age of the child and the child's relationship with the parent prior to
the commencement of the proceeding.

(c) A parent's failure to pay support because of the parent's inability to do so shall not
be sufficient cause for denial of parenting time.

(d) The court may provide that a law enforcement officer or other appropriate person
will accompany a party seeking to enforce or comply with parenting time.

(e) Upon request of either party, to the extent practicable an order for parenting time
must include a specific schedule for new text begin regular new text end parenting time, including the frequency and
duration of deleted text begin visitation deleted text end new text begin parenting time new text end and deleted text begin visitation deleted text end new text begin parenting time new text end during holidays deleted text begin and deleted text end new text begin , new text end
vacations, new text begin and school breaks new text end unless parenting time is restricted, denied, or reserved.

(f) The court administrator shall provide a form for a pro se motion regarding parenting
time disputes, which includes provisions for indicating the relief requested, an affidavit in
which the party may state the facts of the dispute, and a brief description of the parenting
time expeditor process under section 518.1751. The form may not include a request for a
change of custody. The court shall provide instructions on serving and filing the motion.

(g) In the absence of other evidence, there is a rebuttable presumption that a deleted text begin parent is
entitled to deleted text end new text begin child must new text end receive a minimum of new text begin at least new text end 25 percent of the parenting time deleted text begin for the
child deleted text end new text begin with each parent new text end . For purposes of this paragraph, the percentage of parenting time
may be determined by calculating the number of overnights that a child spends with a parent
or by using a method other than overnights if the parent has significant time periods on
separate days when the child is in the parent's physical custody but does not stay overnight.
The court may consider the age of the child in determining whether a child is with a parent
for a significant period of time.

Sec. 9.

Minnesota Statutes 2022, section 518.175, subdivision 6, is amended to read:

Subd. 6.

Remedies.

new text begin (a) Each party must follow a court's order for custody and parenting
time unless the parties have made another agreement in writing as defined by section 645.44,
subdivision 14.
new text end

new text begin (b) For the purposes of this subdivision, "court-ordered parenting time" means:
new text end

new text begin (1) parenting time that a court has ordered, regardless of whether the order is temporary
or permanent and whether family court or juvenile court has issued the order;
new text end

new text begin (2) an order by a parenting time consultant, parenting coordinator, special master, or
other court-appointed individual who is authorized to establish or modify parenting time;
or
new text end

new text begin (3) a binding agreement or decision under section 518.1751, subdivision 3.
new text end

deleted text begin (a) deleted text end new text begin (c) new text end The court deleted text begin may provide deleted text end new text begin shall fully consider providing new text end compensatory parenting
time when new text begin a parent has intentionally made new text end a substantial amount of court-ordered parenting
time deleted text begin has been made deleted text end unavailable to deleted text begin one deleted text end new text begin the other new text end parent unless providing the compensatory
parenting time is not consistent with the child's best interests. new text begin The court must consider all
relevant evidence to determine whether a parent has made a substantial amount of
court-ordered parenting time unavailable to the other parent.
new text end

deleted text begin (b) The court shall provide for one of the remedies as provided under this subdivision
for (1) a repeated and intentional denial of or interference with court-ordered parenting time,
or (2) a repeated and intentional failure to comply with a binding agreement or decision
under section 518.1751.
deleted text end

deleted text begin (c) deleted text end new text begin (d) new text end If the court finds that a person has been deprived of court-ordered parenting time
under paragraph (b), the court shall order the parent who has interfered to allow compensatory
parenting time to the other parent. When compensatory parenting time is awarded, additional
parenting time must be:

(1) at least of the same type and duration as the deprived parenting time and, at the
discretion of the court, may be in excess of or of a different type than the deprived parenting
time;

(2) taken within one year after the deprived parenting time; and

(3) at a time acceptable to the parent deprived of parenting time.

deleted text begin (d) deleted text end new text begin (e) new text end If the court finds that a party has repeatedly and intentionally denied or interfered
with court-ordered parenting time deleted text begin or failed to comply with a binding agreement or decision
under section 518.1751 deleted text end , the court deleted text begin may deleted text end new text begin must, new text end in addition to awarding compensatory parenting
time deleted text begin under paragraph (c): deleted text end new text begin , require the party to reimburse the other party for costs incurred
as a result of the party's denial of or interference with court-ordered parenting time and
award reasonable attorney fees to the other party, provided that the court finds that the party
from whom fees, costs, and disbursements are sought has the means to pay them. The court
may:
new text end

(1) impose a deleted text begin civil penalty deleted text end new text begin sanction new text end of up to $500 deleted text begin on deleted text end new text begin against the party who denied or
interfered with parenting time that is payable to new text end the new text begin other new text end party;

new text begin (2) modify legal and physical custody of the child by awarding custody of the child to
the party whose parenting time was denied or interfered with, in accordance with the
procedures under section 518.18; or
new text end

deleted text begin (2) require the party to post a bond with the court for a specified period of time to secure
the party's compliance;
deleted text end

deleted text begin (3) award reasonable attorney's fees and costs;
deleted text end

deleted text begin (4) require the party who violated the parenting time order or binding agreement or
decision of the parenting time expeditor to reimburse the other party for costs incurred as
a result of the violation of the order or agreement or decision; or
deleted text end

deleted text begin (5) deleted text end new text begin (3) new text end award any other remedy that the court finds to be in the best interests of the
children involved.

deleted text begin A civil penalty imposed under this paragraph must be deposited in the county general
fund and must be used to fund the costs of a parenting time expeditor program in a county
with this program. In other counties, the civil penalty must be deposited in the state general
fund.
deleted text end

deleted text begin (e) deleted text end new text begin (f) new text end The court shall provide one or more of the remedies available in paragraph deleted text begin (d) deleted text end new text begin
(e) new text end , clauses (1) deleted text begin to (5) deleted text end new text begin and (2) new text end , if deleted text begin one of the following occurs:
deleted text end

deleted text begin (1) deleted text end the court finds that a party has repeatedly and intentionally denied or interfered with
court-ordered parenting time after a previous finding that the party repeatedly and
intentionally denied or interfered with court-ordered parenting time deleted text begin ; or deleted text end new text begin .
new text end

deleted text begin (2) the court finds that a party has failed to comply with a binding agreement or decision
under section 518.1751 after a previous finding that the party failed to comply with a binding
agreement or decision under section 518.1751.
deleted text end

deleted text begin (f) deleted text end new text begin (g) new text end If the court makes written findings that any denial of or interference with
court-ordered parenting time deleted text begin or the failure to comply with a binding agreement or decision
under section 518.1751 deleted text end was necessary to protect a child's physical or emotional health, the
court is not required to comply with paragraphs deleted text begin (b) to (e) deleted text end new text begin (d) to (f) new text end .

deleted text begin (g) deleted text end new text begin (h) new text end If the court finds that a party has been denied parenting time and has incurred
expenses in connection with the denied parenting time, the court may require the party who
denied parenting time to post a bond in favor of the other party in the amount of prepaid
expenses associated with upcoming planned parenting time.

deleted text begin (h) deleted text end new text begin (i) new text end Proof of an unwarranted denial of or interference with duly established parenting
time may constitute contempt of court and may be sufficient cause for reversal of custody.

deleted text begin (i) deleted text end new text begin (j) new text end All parenting time orders must include notice of the provisions of this subdivision.

new text begin (k) The required notice under paragraph (j) must be substantially as follows:
new text end

new text begin "NOTICE REGARDING COMPLIANCE WITH PARENTING TIME ORDER:
new text end

new text begin The parties are expected to fully comply with the court's order unless the parties mutually
agree otherwise in writing as defined by Minnesota Statutes, section 645.44, subdivision
14. Pursuant to Minnesota Statutes, section 518.175, subdivision 6, and Minnesota Statutes,
section 518.131, subdivision 11, the parties are hereby notified that:
new text end

new text begin (1) The court shall award compensatory parenting time to a parent who has been prevented
from exercising parenting time.
new text end

new text begin (2) Deprivation of parental rights is a FELONY crime pursuant to Minnesota Statutes,
section 609.375.
new text end

new text begin (3) If the court finds that one parent has repeatedly and intentionally denied or interfered
with another parent's parenting time, then the court shall award attorney fees to the parent
who has been denied parenting time and require the parent who has been denying or
interfering with parenting time to pay the other parent for costs incurred as a result of
enforcing the decision.
new text end

new text begin (4) If the court finds that one parent has repeatedly and intentionally denied or interfered
with parenting time, then the court may also:
new text end

new text begin (i) transfer custody of the child to the other parent;
new text end

new text begin (ii) impose a sanction of up to $500 on the parent who repeatedly and intentionally
denied or interfered with parenting time; or
new text end

new text begin (iii) award other relief as determined to be in the best interests of the children involved."
new text end

new text begin (l) An order issued under this section requiring reimbursement of costs or fees does not
require a party to have direct contact with another party.
new text end

Sec. 10. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective August 1, 2024, and applies to proceedings commenced on or
after that date.
new text end

ARTICLE 2

SPOUSAL MAINTENANCE

Section 1.

Minnesota Statutes 2022, section 518.552, subdivision 1, is amended to read:

Subdivision 1.

Grounds.

In a proceeding for dissolution of marriage or legal separation,
or in a proceeding for maintenance following dissolution of the marriage by a court which
lacked personal jurisdiction over the absent spouse and which has since acquired jurisdiction,
the court may grant a maintenance order for either spouse if it finds that the spouse seeking
maintenance:

(a) lacks sufficient property, including marital property apportioned to the spouse, to
provide for reasonable needs of the spouse considering the standard of living established
during the marriage, especially, but not limited to, a period of training or education deleted text begin , or deleted text end new text begin ;
new text end

(b) is unable to provide adequate self-support, after considering the standard of living
established during the marriage and all relevant circumstances deleted text begin , through appropriate
employment, deleted text end new text begin ; new text end or

new text begin (c) new text end is the custodian of a child whose condition or circumstances make it appropriate that
the custodian not be required to seek employment outside the home.

Sec. 2.

Minnesota Statutes 2022, section 518.552, subdivision 2, is amended to read:

Subd. 2.

Amount deleted text begin ; duration deleted text end new text begin of maintenance new text end .

The maintenance order shall be in amounts
and for periods of time, either deleted text begin temporary deleted text end new text begin transitional new text end or deleted text begin permanent deleted text end new text begin indefinite new text end , as the court
deems just, without regard to marital misconduct, and after considering all relevant factors
including:

(a) the financial resources of the party seeking maintenance, including marital property
apportioned to the party, and the party's ability to meet needs independently, including the
extent to which a provision for support of a child living with the party includes a sum for
that party as custodian;

(b) the time necessary to acquire sufficient education or training to enable the party
seeking maintenance to find appropriate employment, and the probability, given the party's
age and skills, of completing education or training and becoming fully or partially
self-supporting;

(c) the standard of living established during the marriage new text begin and the extent to which the
standard of living was funded by debt new text end ;

(d) the duration of the marriage and deleted text begin , in the case of a homemaker, deleted text end new text begin the earnings, seniority,
benefits, and other employment opportunities forgone by the spouse seeking maintenance
to support the other spouse or children and new text end the length of absence from employment and the
extent to which any education, skills, or experience have become outmoded and earning
capacity has become permanently diminished;

deleted text begin (e) the loss of earnings, seniority, retirement benefits, and other employment opportunities
forgone by the spouse seeking spousal maintenance;
deleted text end

deleted text begin (f) deleted text end new text begin (e) new text end the age, and deleted text begin the deleted text end physical deleted text begin and emotional condition deleted text end new text begin , mental, or chemical health new text end of
deleted text begin the spouse seeking maintenance deleted text end new text begin both spouses new text end ;

deleted text begin (g) deleted text end new text begin (f) new text end the ability of the spouse from whom maintenance is sought to meet needs while
meeting those of the spouse seeking maintenance; deleted text begin and
deleted text end

deleted text begin (h) deleted text end new text begin (g) new text end the contribution of deleted text begin each party in the acquisition, preservation, depreciation, or
appreciation in the amount or value of the marital property, as well as the contribution of deleted text end a
spouse deleted text begin as a homemaker or deleted text end in furtherance of the other party's employment or business deleted text begin . deleted text end new text begin ; and
new text end

new text begin (h) the need and ability of each spouse to prepare for retirement and the anticipated time
of retirement.
new text end

Sec. 3.

Minnesota Statutes 2022, section 518.552, subdivision 3, is amended to read:

Subd. 3.

deleted text begin Permanency of award deleted text end new text begin Duration of maintenance new text end .

deleted text begin Nothing in this section shall
be construed to favor a temporary award of maintenance over a permanent award, where
the factors under subdivision 2 justify a permanent award.
deleted text end

deleted text begin Where there is some uncertainty as to the necessity of a permanent award, the court shall
order a permanent award leaving its order open for later modification. deleted text end new text begin (a) A maintenance
award may be transitional or indefinite. An award of temporary maintenance issued before
August 1, 2024, is deemed transitional maintenance. An award of permanent maintenance
issued before August 1, 2024, is deemed indefinite maintenance. Maintenance awarded
during the pendency of an initial proceeding for dissolution or legal separation pursuant to
section 518.131 is deemed temporary maintenance.
new text end

new text begin (b) For purposes of this subdivision, "length of the marriage" means the period from the
date of the marriage until the date of the commencement of the action.
new text end

new text begin (c) The court must determine the duration of maintenance based on the length of the
marriage as follows:
new text end

new text begin (1) when the length of the marriage is less than five years, it is rebuttably presumed that
no maintenance should be awarded;
new text end

new text begin (2) when the length of the marriage is at least five years and less than 20 years, it is
rebuttably presumed that transitional maintenance should be awarded with a duration of no
longer than one-half the length of the marriage if the factors set forth in subdivision 1 support
an award of maintenance; and
new text end

new text begin (3) when the length of the marriage is 20 years or more, it is rebuttably presumed that
indefinite maintenance should be awarded if the factors set forth in subdivision 1 support
an award of maintenance.
new text end

Sec. 4.

Minnesota Statutes 2022, section 518.552, is amended by adding a subdivision to
read:

new text begin Subd. 5a. new text end

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

new text begin 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 end

Sec. 5.

Minnesota Statutes 2022, section 518.552, is amended by adding a subdivision to
read:

new text begin Subd. 5b. new text end

new text begin Modification. new text end

new text begin (a) Upon the motion of either of the parties, the court may
modify the amount and duration of maintenance and may issue an order that the court might
have issued in the original proceeding, except as otherwise provided in this subdivision.
new text end

new text begin (b) The terms of a maintenance order may be modified upon a showing of one or more
of the following circumstances that make the terms of the existing order unreasonable and
unfair:
new text end

new text begin (1) substantially increased or decreased gross income of an obligor or obligee;
new text end

new text begin (2) substantially increased or decreased need of an obligor or obligee; or
new text end

new text begin (3) substantial changes in the federal or state tax laws that affect spousal maintenance.
new text end

new text begin (c) Upon a motion to modify maintenance, including a motion to extend the duration of
a maintenance award, the court shall apply, in addition to all other relevant factors, the
factors for an award of maintenance under subdivisions 1 to 3 that exist at the time of the
motion.
new text end

new text begin (d) Unless the court adopts an alternative effective date under paragraph (f), a
modification of maintenance, including interest that accrued pursuant to section 548.091,
may be made retroactive:
new text end

new text begin (1) for any period during which the petitioning party has a motion for modification that
is pending;
new text end

new text begin (2) from the date that the notice of the motion to modify was served on the responding
party;
new text end

new text begin (3) from the date that the notice of the motion to modify was served on the public
authority if public assistance is being received; or
new text end

new text begin (4) from the date that the notice of the motion to modify was served on the county
attorney if the county attorney is the attorney of record.
new text end

new text begin (e) The court need not hold an evidentiary hearing on a motion to modify maintenance.
new text end

new text begin (f) The court may select an alternative effective date for a maintenance order if the parties
enter into a binding agreement for an alternative effective date. The court's adoption of an
alternative effective date under this paragraph must not be considered a retroactive
modification of maintenance.
new text end

Sec. 6.

Minnesota Statutes 2022, section 518.552, subdivision 6, is amended to read:

Subd. 6.

Cohabitation.

(a) Spousal maintenance may be modified pursuant to deleted text begin section
518A.39, subdivision 2, deleted text end new text begin subdivision 5b new text end based on the cohabitation by the maintenance obligee
with another adult following dissolution of the marriage. The modification may consist of
a reduction, suspension, reservation, or termination of maintenance. In determining if
maintenance should be modified due to cohabitation, the court shall consider:

(1) whether the obligee would marry the cohabitant but for the maintenance award;

(2) the economic benefit the obligee derives from the cohabitation;

(3) the length of the cohabitation and the likely future duration of the cohabitation; and

(4) the economic impact on the obligee if maintenance is modified and the cohabitation
ends.

(b) The court must not modify a maintenance award based solely on cohabitation if a
marriage between the obligee and the cohabitant would be prohibited under section 517.03,
subdivision 1, clause (2) or (3). A modification under this subdivision must be precluded
or limited to the extent the parties have entered into a private agreement under subdivision
5.

(c) A motion to modify a spousal maintenance award on the basis of cohabitation may
not be brought within one year of the date of entry of the decree of dissolution or legal
separation that orders spousal maintenance, unless the parties have agreed in writing that a
motion may be brought or the court finds that failing to allow the motion to proceed would
create an extreme hardship for one of the parties.

Sec. 7.

Minnesota Statutes 2022, section 518.552, is amended by adding a subdivision to
read:

new text begin Subd. 7. new text end

new text begin Retirement. new text end

new text begin (a) If a party retires, spousal maintenance may be modified. The
modification of maintenance may consist of a reduction, suspension, reservation, or
termination of maintenance.
new text end

new text begin (b) In determining if maintenance should be modified due to a party's retirement, the
court shall consider:
new text end

new text begin (1) whether the retirement is in good faith or is an unjustifiable self-limitation of income;
new text end

new text begin (2) whether the party has attained the age to receive the party's full retirement benefits
under section 216 of the Social Security Act, United States Code, title 42, section 416, or
the customary age for retirement in the party's occupation;
new text end

new text begin (3) whether a party has reasonably and prudently managed the party's assets since the
dissolution of the marriage; and
new text end

new text begin (4) the financial resources available to both parties.
new text end

new text begin (c) It is presumed that when a party has attained the age to receive the party's full
retirement benefits under section 216 of the Social Security Act, United States Code, title
42, section 416, or the customary age for retirement in the party's occupation, the party will
use both income and assets to meet the party's needs.
new text end

new text begin (d) A party must not be presumed to have retired in bad faith or to have unjustifiably
self-limited the party's income in the event that the party's retirement is occurring on or after
the date the party attains the age to receive full retirement benefits under section 216 of the
Social Security Act, United States Code, title 42, section 416, or the customary age for
retirement in the party's occupation.
new text end

new text begin (e) A motion to modify maintenance due to retirement may be brought before a party
actually retires provided that the moving party specifies the date by which the party's
retirement will occur. The court may then make the modification effective as of the actual
date of retirement.
new text end

Sec. 8.

Minnesota Statutes 2022, section 518.552, is amended by adding a subdivision to
read:

new text begin Subd. 8. new text end

new text begin Form. new text end

new text begin The state court administrator's office shall prepare and make available
to court administrators, obligors, and persons to whom spousal maintenance is owed a form
to be submitted in support of a motion for a modification of an order for maintenance or
for contempt of court.
new text end

Sec. 9.

Minnesota Statutes 2022, section 518A.39, subdivision 1, is amended to read:

Subdivision 1.

Authority.

After an order under this chapter or chapter 518 for
deleted text begin maintenance or support money, temporary or permanent deleted text end new text begin child support new text end , or for the appointment
of trustees to receive property awarded as deleted text begin maintenance or deleted text end support money, the court may
from time to time, on motion of either of the parties, a copy of which is served on the public
authority responsible for child support enforcement if payments are made through it, or on
motion of the public authority responsible for support enforcement, modify the order
respecting the amount of deleted text begin maintenance or deleted text end support money or medical support, and the payment
of it, and also respecting the appropriation and payment of the principal and income of
property held in trust, and may make an order respecting these matters which it might have
made in the original proceeding, except as herein otherwise provided. A party or the public
authority also may bring a motion for contempt of court if the obligor is in arrears in support
or maintenance payments.

Sec. 10.

Minnesota Statutes 2023 Supplement, section 518A.39, subdivision 2, is amended
to read:

Subd. 2.

Modification.

(a) The terms of an order respecting deleted text begin maintenance or deleted text end new text begin child new text end support
may be modified upon a showing of one or more of the following, any of which makes the
terms unreasonable and unfair: (1) substantially increased or decreased gross income of an
obligor or obligee; (2) substantially increased or decreased need of an obligor or obligee or
the child or children that are the subject of these proceedings; (3) receipt of assistance under
the AFDC program formerly codified under sections 256.72 to 256.87 or 256B.01 to 256B.39,
or chapter 256J or 256K; (4) a change in the cost of living for either party as measured by
the federal Bureau of Labor Statistics; (5) extraordinary medical expenses of the child not
provided for under section 518A.41; (6) a change in the availability of appropriate health
care coverage or a substantial increase or decrease in health care coverage costs; (7) the
addition of work-related or education-related child care expenses of the obligee or a
substantial increase or decrease in existing work-related or education-related child care
expenses; or (8) upon the emancipation of the child, as provided in subdivision 5.

(b) It is presumed that there has been a substantial change in circumstances under
paragraph (a) and the terms of a current support order shall be rebuttably presumed to be
unreasonable and unfair if:

(1) the application of the child support guidelines in section 518A.35, to the current
circumstances of the parties results in a calculated court order that is at least 20 percent and
at least $75 per month higher or lower than the current support order or, if the current support
order is less than $75, it results in a calculated court order that is at least 20 percent per
month higher or lower;

(2) the medical support provisions of the order established under section 518A.41 are
not enforceable by the public authority or the obligee;

(3) health coverage ordered under section 518A.41 is not available to the child for whom
the order is established by the parent ordered to provide;

(4) the existing support obligation is in the form of a statement of percentage and not a
specific dollar amount;

(5) the gross income of an obligor or obligee has decreased by at least 20 percent through
no fault or choice of the party; or

(6) a deviation was granted based on the factor in section 518A.43, subdivision 1, clause
(4), and the child no longer resides in a foreign country or the factor is otherwise no longer
applicable.

(c) A child support order is not presumptively modifiable solely because an obligor or
obligee becomes responsible for the support of an additional nonjoint child, which is born
after an existing order. Section 518A.33 shall be considered if other grounds are alleged
which allow a modification of support.

(d) If child support was established by applying a parenting expense adjustment or
presumed equal parenting time calculation under previously existing child support guidelines
and there is no parenting plan or order from which overnights or overnight equivalents can
be determined, there is a rebuttable presumption that the established adjustment or calculation
will continue after modification so long as the modification is not based on a change in
parenting time. In determining an obligation under previously existing child support
guidelines, it is presumed that the court shall:

(1) if a 12 percent parenting expense adjustment was applied, multiply the obligor's
share of the combined basic support obligation calculated under section 518A.34, paragraph
(b), clause (5), by 0.88; or

(2) if the parenting time was presumed equal but the parents' parental incomes for
determining child support were not equal:

(i) multiply the combined basic support obligation under section 518A.34, paragraph
(b), clause (5), by 0.75;

(ii) prorate the amount under item (i) between the parents based on each parent's
proportionate share of the combined PICS; and

(iii) subtract the lower amount from the higher amount.

(e) deleted text begin On a motion for modification of maintenance, including a motion for the extension
of the duration of a maintenance award, the court shall apply, in addition to all other relevant
factors, the factors for an award of maintenance under section 518.552 that exist at the time
of the motion. deleted text end On a motion for modification of support, the court:

(1) shall apply section 518A.35, and shall not consider the financial circumstances of
each party's spouse, if any; and

(2) shall not consider compensation received by a party for employment in excess of a
40-hour work week, provided that the party demonstrates, and the court finds, that:

(i) the excess employment began after entry of the existing support order;

(ii) the excess employment is voluntary and not a condition of employment;

(iii) the excess employment is in the nature of additional, part-time employment, or
overtime employment compensable by the hour or fractions of an hour;

(iv) the party's compensation structure has not been changed for the purpose of affecting
a support deleted text begin or maintenance deleted text end obligation;

(v) in the case of an obligor, current child support payments are at least equal to the
guidelines amount based on income not excluded under this clause; and

(vi) in the case of an obligor who is in arrears in child support payments to the obligee,
any net income from excess employment must be used to pay the arrearages until the
arrearages are paid in full.

(f) A modification of support deleted text begin or maintenance deleted text end , including interest that accrued pursuant
to section 548.091, may be made retroactive only with respect to any period during which
the petitioning party has pending a motion for modification but only from the date of service
of notice of the motion on the responding party and on the public authority if public assistance
is being furnished or the county attorney is the attorney of record, unless the court adopts
an alternative effective date under paragraph (l). The court's adoption of an alternative
effective date under paragraph (l) shall not be considered a retroactive modification of
deleted text begin maintenance or deleted text end support.

(g) Except for an award of the right of occupancy of the homestead, provided in section
518.63, all divisions of real and personal property provided by section 518.58 shall be final,
and may be revoked or modified only where the court finds the existence of conditions that
justify reopening a judgment under the laws of this state, including motions under section
518.145, subdivision 2. The court may impose a lien or charge on the divided property at
any time while the property, or subsequently acquired property, is owned by the parties or
either of them, for the payment of maintenance or support money, or may sequester the
property as is provided by section 518A.71.

(h) The court need not hold an evidentiary hearing on a motion for modification of
deleted text begin maintenance or deleted text end support.

(i) Sections 518.14 and 518A.735 shall govern the award of attorney fees for motions
brought under this subdivision.

(j) An enactment, amendment, or repeal of law constitutes a substantial change in the
circumstances for purposes of modifying a child support order when it meets the standards
for modification in this section.

(k) On the first modification following implementation of amended child support
guidelines, the modification of basic support may be limited if the amount of the full variance
would create hardship for either the obligor or the obligee. Hardship includes, but is not
limited to, eligibility for assistance under chapter 256J.

(l) The court may select an alternative effective date for a deleted text begin maintenance or deleted text end support order
if the parties enter into a binding agreement for an alternative effective date.

Sec. 11. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 518A.39, subdivision 3, new text end new text begin is repealed.
new text end

ARTICLE 3

ANTENUPTIAL AND POSTNUPTIAL AGREEMENTS

Section 1.

Minnesota Statutes 2022, section 519.11, is amended to read:

519.11 ANTENUPTIAL AND POSTNUPTIAL deleted text begin CONTRACTS deleted text end new text begin AGREEMENTS new text end .

Subdivision 1.

Antenuptial deleted text begin contract deleted text end new text begin agreement new text end .

deleted text begin A man and woman deleted text end new text begin (a) Two individuals new text end
of legal age may enter into an antenuptial deleted text begin contract or settlement deleted text end new text begin agreement new text end prior to new text begin the
new text end solemnization of marriage which shall be valid and enforceable if deleted text begin (a) there is a full and fair
disclosure of the earnings and property of each party, and (b) the parties have had an
opportunity to consult with legal counsel of their own choice. An antenuptial contract or
settlement deleted text end new text begin the agreement meets the procedural and substantive fairness requirements under
subdivisions 1b and 1c.
new text end

new text begin (b) An antenuptial agreement new text end made in conformity with this section may new text begin :
new text end

new text begin (1) new text end determine what rights each party has in the new text begin marital and new text end nonmarital property, new text begin as those
terms are new text end defined in section 518.003, subdivision 3b, upon new text begin a new text end dissolution of marriage deleted text begin , deleted text end new text begin or new text end
legal separation deleted text begin or after its termination by death and deleted text end new text begin ;
new text end

new text begin (2) provide for spousal maintenance, as defined in section 518.003, subdivision 3a;
new text end

new text begin (3) determine the rights that each party has in the estate of the other as otherwise conferred
upon them by chapter 524; and
new text end

new text begin (4) new text end may bar each other of all rights in the respective estates not so secured to them by
their agreement. deleted text begin This section shall not be construed to make invalid or unenforceable any
antenuptial agreement or settlement made and executed in conformity with this section
because the agreement or settlement covers or includes marital property, if the agreement
or settlement would be valid and enforceable without regard to this section.
deleted text end

new text begin (c) The marriage itself is adequate consideration for an agreement made in conformity
with this section.
new text end

new text begin (d) An agreement duly acknowledged and attested is prima facie proof of the matters
acknowledged in the agreement.
new text end

new text begin (e) If an antenuptial agreement unambiguously permits severability, the court may sever
any unenforceable provision and enforce the remaining provisions of the agreement.
new text end

deleted text begin Subd. 1a. deleted text end

deleted text begin Postnuptial contract. deleted text end

deleted text begin (a) Spouses who are legally married under the laws of
this state may enter into a postnuptial contract or settlement which is valid and enforceable
if it:
deleted text end

deleted text begin (1) complies with the requirements for antenuptial contracts or settlements in this section
and in the law of this state, including, but not limited to, the requirement that it be
procedurally and substantively fair and equitable both at the time of its execution and at the
time of its enforcement; and
deleted text end

deleted text begin (2) complies with the requirements for postnuptial contracts or settlements in this section.
deleted text end

deleted text begin (b) A postnuptial contract or settlement that conforms with this section may determine
all matters that may be determined by an antenuptial contract or settlement under the law
of this state, except that a postnuptial contract or settlement may not determine the rights
of any child of the spouses to child support from either spouse or rights of child custody or
parenting time.
deleted text end

deleted text begin (c) A postnuptial contract or settlement is valid and enforceable only if at the time of its
execution each spouse is represented by separate legal counsel.
deleted text end

deleted text begin (d) A postnuptial contract or settlement is presumed to be unenforceable if either party
commences an action for a legal separation or dissolution within two years of the date of
its execution, unless the spouse seeking to enforce the postnuptial contract or settlement
can establish that the postnuptial contract or settlement is fair and equitable.
deleted text end

deleted text begin (e) Nothing in this section shall impair the validity or enforceability of a contract,
agreement, or waiver which is entered into after marriage and which is described in chapter
524, article 2, part 2, further, a conveyance permitted by section 500.19 is not a postnuptial
contract or settlement under this section.
deleted text end

new text begin Subd. 1b. new text end

new text begin Procedural fairness. new text end

new text begin (a) For purposes of this subdivision, "full and fair
disclosure" means that each party has provided a reasonably accurate description of all
material facts of their income and good faith estimates of the value of their property and
discloses the basis for these disclosures. A party must not waive the full and fair disclosure
requirement under paragraph (b), clause (1).
new text end

new text begin (b) An antenuptial agreement is procedurally fair if:
new text end

new text begin (1) there is full and fair disclosure of the current income and property of each party;
new text end

new text begin (2) each party has had a meaningful opportunity to consult with independent legal counsel
of the party's choosing;
new text end

new text begin (3) the agreement is in writing, executed in the presence of two witnesses, and
acknowledged by the parties before a person authorized to administer an oath under the
laws of this state;
new text end

new text begin (4) the agreement is entered into voluntarily and free of duress; and
new text end

new text begin (5) the agreement is entered into and executed no less than seven days before the marriage.
new text end

new text begin (c) An agreement entered into and executed at least seven days before the date of marriage
is presumed enforceable and the burden of proof is on the party seeking to set aside the
agreement. An agreement that is entered into and executed less than seven days before the
marriage is not presumed enforceable, and the proponent of the agreement has the burden
of proof.
new text end

new text begin (d) A power of attorney does not satisfy the requirements of paragraph (b), clause (3).
new text end

new text begin Subd. 1c. new text end

new text begin Substantive fairness. new text end

new text begin (a) In determining if an agreement under this section
is substantively fair, the court shall consider whether all or part of the agreement is
substantively unfair as to be unconscionable to a party either by the agreement's terms or
as the result of drastically changed circumstances originally not foreseen when the agreement
was created, such that enforcement would no longer comport with the reasonable expectations
of the parties at the time that the parties executed the agreement.
new text end

new text begin (b) The agreement need not approximate a division of marital or nonmarital property,
or an award of spousal maintenance, consistent with statutory law regarding property division
or spousal maintenance. A deviation from statutory standards does not in itself make an
agreement unconscionable.
new text end

new text begin Subd. 1d. new text end

new text begin Postnuptial agreement. new text end

new text begin (a) Spouses who are legally married under the laws
of this state may enter into a postnuptial agreement, which is valid and enforceable if the
agreement:
new text end

new text begin (1) complies with the requirements for antenuptial agreements in this section and in the
laws of this state, including but not limited to the requirement that the agreement be
procedurally and substantively fair except that subdivision 1b, paragraph (b), clause (5),
does not apply; and
new text end

new text begin (2) complies with the requirements for postnuptial agreements in this section.
new text end

new text begin (b) A postnuptial agreement that conforms with this section may determine all matters
that may be determined by an antenuptial agreement under the law of this state.
new text end

new text begin (c) A postnuptial agreement is valid and enforceable only if at the time of its execution
each spouse is represented by separate legal counsel.
new text end

new text begin (d) A postnuptial agreement is presumed to be unenforceable if either party commences
an action for a legal separation or dissolution within two years of the date of the agreement's
execution, unless the spouse seeking to enforce the postnuptial agreement can establish that
the postnuptial agreement is fair and equitable.
new text end

new text begin (e) Nothing in this section impairs the validity or enforceability of a contract, an
agreement, or a waiver that is entered into after marriage and that is described in sections
524.2-201 to 524.2-215. Further, a conveyance permitted by section 500.19 is not a
postnuptial agreement under this section.
new text end

deleted text begin Subd. 2. deleted text end

deleted text begin Writing; execution. deleted text end

deleted text begin Antenuptial or postnuptial contracts or settlements shall
be in writing, executed in the presence of two witnesses and acknowledged by the parties,
executing the same before any officer or person authorized to administer an oath under the
laws of this state. An antenuptial contract must be entered into and executed prior to the
day of solemnization of marriage. A power of attorney may not be used to accomplish the
purposes of this section.
deleted text end

Subd. 2a.

Amendment or revocation.

An antenuptial deleted text begin contract or settlement deleted text end new text begin agreement new text end
may be amended or revoked after the marriage of the parties only by a valid postnuptial
deleted text begin contract or settlement which deleted text end new text begin agreement that new text end complies with this section and with the laws
of this state. A postnuptial deleted text begin contract or settlement deleted text end new text begin agreement new text end may be amended or revoked
only by a later, valid postnuptial deleted text begin contract or settlement which deleted text end new text begin agreement that new text end complies with
this section and with the laws of this state.

deleted text begin Subd. 3. deleted text end

deleted text begin Filing; recording. deleted text end

deleted text begin An antenuptial or postnuptial contract or settlement which
by its terms conveys or determines what rights each has in the other's real property and sets
forth the legal description of the real estate granted or affected by the agreement may be
filed or recorded in every county where any real estate so described is situated, in the office
of the county recorder for the county or in any public office authorized to receive a deed,
assignment or other instrument affecting the real estate, for filing or recording.
deleted text end

deleted text begin Subd. 4. deleted text end

deleted text begin Effect of recording. deleted text end

deleted text begin Any antenuptial or postnuptial contract or settlement not
recorded in the office of the county recorder or other public office authorized to receive the
document, where the real property is located, shall be void as against any subsequent
purchaser in good faith and for a valuable consideration of the same real property, or any
part thereof, whose conveyance is first duly recorded, and as against any attachment levied
thereon or any judgment lawfully obtained at the suit of any party against the person in
whose name the title to the property appears of record prior to recording of the conveyance.
deleted text end

deleted text begin Subd. 5. deleted text end

deleted text begin Evidence; burden of proof. deleted text end

deleted text begin An antenuptial or postnuptial contract or settlement
duly acknowledged and attested shall be prima facie proof of the matters acknowledged
therein and as to those matters, the burden of proof shall be and rest upon the person
contesting the same.
deleted text end

Subd. 6.

deleted text begin Effective date deleted text end new text begin Application new text end .

This section deleted text begin shall apply deleted text end new text begin applies new text end to all antenuptial
deleted text begin contracts deleted text end and deleted text begin settlements executed on or after August 1, 1979, and shall apply to all deleted text end
postnuptial deleted text begin contracts and settlements executed on or after August 1, 1994 deleted text end new text begin agreements
executed on or after August 1, 2024 new text end . new text begin An antenuptial agreement entered into before August
1, 2024, shall not be invalidated based on the same sex of the parties to the agreement.
new text end

Subd. 7.

Effect of sections 519.01 to 519.101.

Nothing in sections 519.01 to 519.101,
shall be construed to affect antenuptial or postnuptial deleted text begin contracts or settlements deleted text end new text begin agreements new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to agreements
executed on or after that date.
new text end

Sec. 2. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall change the terms "husband," "wife," "husband and wife,"
and "husband or wife" to "spouse," "spouses," or a similar gender-neutral term wherever
the terms appear in Minnesota Statutes, unless the context indicates that the previous term
should remain. The revisor of statutes shall also make grammatical changes related to the
changes in terms.
new text end

ARTICLE 4

ASSISTED REPRODUCTION

Section 1.

new text begin [257E.10] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this chapter, the following terms have the
meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Assisted reproduction. new text end

new text begin "Assisted reproduction" means a method of causing
pregnancy other than sexual intercourse. The term includes:
new text end

new text begin (1) intrauterine, intracervical, or vaginal insemination;
new text end

new text begin (2) donation of gametes;
new text end

new text begin (3) donation of embryos;
new text end

new text begin (4) in vitro fertilization and transfer of embryos; and
new text end

new text begin (5) intracytoplasmic sperm injection.
new text end

new text begin Assisted reproduction does not include a pregnancy under a surrogacy agreement, the
pregnancy of a surrogate, the transfer of an embryo to a surrogate, or when a child is
conceived pursuant to a surrogacy agreement. For purposes of this subdivision, "surrogate"
means an individual who agrees to become pregnant but who does not intend to be legally
bound as a parent of the child.
new text end

new text begin Subd. 3. new text end

new text begin Birth. new text end

new text begin "Birth" includes fetal deaths reportable under section 144.222.
new text end

new text begin Subd. 4. new text end

new text begin Determination of parentage. new text end

new text begin "Determination of parentage" means the
establishment of a parent-child relationship by a judicial proceeding or signing of a valid
recognition of parentage under section 257.75.
new text end

new text begin Subd. 5. new text end

new text begin Donor. new text end

new text begin "Donor" means an individual who provides gametes intended for use
in assisted reproduction, whether or not for consideration. The term does not include a parent
or an intended parent.
new text end

new text begin Subd. 6. new text end

new text begin Gamete. new text end

new text begin "Gamete" means a sperm or an egg.
new text end

new text begin Subd. 7. new text end

new text begin Genetic testing. new text end

new text begin "Genetic testing" means an analysis of genetic markers to
identify or exclude a genetic relationship.
new text end

new text begin Subd. 8. new text end

new text begin Intended parent. new text end

new text begin "Intended parent" means an individual, married or unmarried,
who manifests an intent to be legally bound as a parent of a child conceived by assisted
reproduction.
new text end

new text begin Subd. 9. new text end

new text begin Parent. new text end

new text begin "Parent" means an individual who is the legal parent of a child under
the laws of the state.
new text end

new text begin Subd. 10. new text end

new text begin Parentage; parent-child relationship. new text end

new text begin "Parentage" or "parent-child
relationship" means the legal relationship between a child and a parent of the child.
new text end

new text begin Subd. 11. new text end

new text begin Presumed parent. new text end

new text begin "Presumed parent" means an individual who under sections
257.51 to 257.74 is presumed to be a parent of a child, unless the requirements of section
257.57, subdivision 2, are met; the presumption is overcome in a judicial proceeding; a
valid denial of parentage is made under this chapter; or a court adjudicates the individual
to be a parent.
new text end

new text begin Subd. 12. new text end

new text begin Transfer. new text end

new text begin "Transfer" means a procedure for assisted reproduction by which
an embryo or sperm is placed in the body of the individual who will give birth to the child.
new text end

Sec. 2.

new text begin [257E.15] ORDERS OF PARENTAGE.
new text end

new text begin (a) If the court determines that an individual is a parent under this chapter, either because
the individual gave birth to the child or the individual is a consenting intended parent under
section 257E.23, the court shall adjudicate the individual to be a parent of the child.
new text end

new text begin (b) An individual who is or claims to be a parent under this section or the individual
who gave birth to the child may commence a proceeding before or after the birth of the
child in district court for an order or judgment:
new text end

new text begin (1) declaring that each intended parent is a parent of the child and ordering that parental
rights and duties vest immediately upon the birth of the child;
new text end

new text begin (2) designating the content of the birth record in accordance with applicable law and
directing the Office of Vital Records to designate each intended parent as a parent of the
child;
new text end

new text begin (3) to protect the privacy of the child and the parties, declaring that the court record is
not open to inspection; and
new text end

new text begin (4) for other relief that the court determines necessary and proper.
new text end

new text begin (c) The court may issue an order or a judgment under this section before the birth of the
child. The court shall stay enforcement of the order or judgment until the birth of the child.
new text end

new text begin (d) Neither this state nor the Office of Vital Records is a necessary party to a proceeding
under this section.
new text end

Sec. 3.

new text begin [257E.21] PARENTAL STATUS OF DONOR.
new text end

new text begin A donor is not a parent of a child conceived by assisted reproduction.
new text end

Sec. 4.

new text begin [257E.22] PARENTAGE OF CHILD OF ASSISTED REPRODUCTION.
new text end

new text begin An intended parent who consents under section 257E.23 to assisted reproduction by
another individual with the intent to be a parent of a child conceived by assisted reproduction
is a parent of the child.
new text end

Sec. 5.

new text begin [257E.23] CONSENT TO ASSISTED REPRODUCTION.
new text end

new text begin (a) Except as otherwise provided in paragraph (b), the consent described in section
257E.22 must be in a record signed by the individual giving birth to a child conceived by
assisted reproduction and an intended parent.
new text end

new text begin (b) Failure to consent in a record as required by paragraph (a), before, on, or after the
birth of the child does not preclude the court from finding consent to parentage if:
new text end

new text begin (1) the individual giving birth to a child or the intended parent proves by clear and
convincing evidence the existence of an express agreement entered into before conception
that the intended parent and the individual giving birth to the child intended that they both
would be parents of the child; or
new text end

new text begin (2) the individual giving birth to a child and the intended parent for the first two years
of the child's life, including any period of temporary absence, resided together in the same
household with the child and both openly held out the child as the intended parent's child,
unless the intended parent dies or becomes incapacitated before the child attains two years
of age or the child dies before the child attains two years of age, in which case the court
may find consent under this paragraph to parentage if a party proves by clear and convincing
evidence that the individual giving birth to the child and the intended parent intended to
reside together in the same household with the child and both intended that the intended
parent would openly hold out the child as the intended parent's child, but the intended parent
was prevented from carrying out that intent by death or incapacity.
new text end

Sec. 6.

new text begin [257E.24] SPOUSE'S DISPUTE OF PARENTAGE; LIMITATIONS.
new text end

new text begin (a) Except as otherwise provided in paragraph (b), an individual who, at the time of a
child's birth, is the spouse of the parent who gave birth to the child by assisted reproduction
may not challenge the individual's parentage of the child unless:
new text end

new text begin (1) not later than two years after the birth of the child, the spouse commences a proceeding
to adjudicate the spouse's parentage of the child; and
new text end

new text begin (2) the court finds that the spouse did not consent to the assisted reproduction before,
on, or after birth of the child, or withdrew consent under section 257E.26.
new text end

new text begin (b) A proceeding to adjudicate a spouse's parentage of a child born by assisted
reproduction may be commenced at any time if the court determines:
new text end

new text begin (1) the spouse neither provided a gamete for, nor consented to, the assisted reproduction;
new text end

new text begin (2) the spouse and the parent who gave birth to the child have not cohabited since the
probable time of assisted reproduction; and
new text end

new text begin (3) the spouse never openly held out the child as the spouse's child.
new text end

new text begin (c) This section applies to a spouse's dispute of parentage even if the spouse's marriage
is declared invalid after assisted reproduction occurs.
new text end

Sec. 7.

new text begin [257E.25] EFFECT OF DISSOLUTION.
new text end

new text begin If a marriage of an individual who gives birth to a child conceived by assisted
reproduction is terminated through divorce or dissolution, subject to legal separation or
separate maintenance, declared invalid, or annulled before the transfer of gametes or embryos
to the individual giving birth to the child, a former spouse of the individual giving birth to
the child is not a parent of the child unless the former spouse consented in a record that the
former spouse would be a parent of the child if assisted reproduction were to occur after a
divorce, a dissolution, an annulment, a declaration of invalidity, a legal separation, or separate
maintenance, and the former spouse did not withdraw consent under section 257E.26.
new text end

Sec. 8.

new text begin [257E.26] WITHDRAWAL OF CONSENT.
new text end

new text begin (a) An intended parent who consents under section 257E.23 to assisted reproduction
may withdraw consent any time before a transfer that results in a pregnancy, by giving
notice in a record of the withdrawal of consent to the individual who agreed to give birth
to a child conceived by assisted reproduction and to any clinic or health care provider
facilitating the assisted reproduction. Failure to give notice to the clinic or health care
provider does not affect a determination of parentage under this chapter.
new text end

new text begin (b) An individual who withdraws consent under paragraph (a) is not a parent of the child
under this chapter.
new text end

Sec. 9.

new text begin [257E.27] PARENTAL STATUS OF DECEASED INDIVIDUAL.
new text end

new text begin (a) If an individual who intends to be a parent of a child conceived by assisted
reproduction dies during the period between the transfer of a gamete or embryo and the
birth of the child, the individual's death does not preclude the establishment of the individual's
parentage of the child if the individual otherwise would be a parent of the child under this
chapter.
new text end

new text begin (b) If an individual who consented in a record to assisted reproduction by an individual
who agreed to give birth to a child dies before a transfer of gametes or embryos, the deceased
individual is a parent of a child conceived by the assisted reproduction only if:
new text end

new text begin (1) either:
new text end

new text begin (i) the individual consented in a record that if assisted reproduction were to occur after
the death of the individual, the individual would be a parent of the child; or
new text end

new text begin (ii) the individual's intent to be a parent of a child conceived by assisted reproduction
after the individual's death is established by clear and convincing evidence; and
new text end

new text begin (2) either:
new text end

new text begin (i) the embryo is in utero not later than 36 months after the individual's death; or
new text end

new text begin (ii) the child is born not later than 45 months after the individual's death.
new text end

Sec. 10. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 257.56, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: H3204-3

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.