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Minnesota Legislature

Office of the Revisor of Statutes

SF 3420

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 05/17/2016 02:00pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to civil law; allowing for modification of spousal maintenance based
on the cohabitation of the obligee; amending Minnesota Statutes 2014, section
518.552, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2014, section 518.552, is amended by adding a
subdivision to read:


new text begin Subd. 6. new text end

new text begin Cohabitation. new text end

new text begin (a) Spousal maintenance may be modified pursuant to
section 518A.39, subdivision 2, 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:
new text end

new text begin (1) whether the obligee would marry the cohabitant but for the maintenance award;
new text end

new text begin (2) the economic benefit the obligee derives from the cohabitation;
new text end

new text begin (3) the length of the cohabitation and the likely future duration of the cohabitation; and
new text end

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

new text begin (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.
new text end

new text begin (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.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2016, and applies to
modification motions brought on or after that date.
new text end