SF 2745

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/29/2024 12:50pm

A bill for an act
relating to judiciary; modifying spousal maintenance; amending Minnesota Statutes
2022, section 518.552, subdivisions 1, 2, 3, 6, by adding subdivisions.

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

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, or

(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 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 temporary or permanent, 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, 2023, is deemed transitional maintenance. An award of permanent maintenance
issued before August 1, 2023, 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 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