Key: (1) language to be deleted (2) new language
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:
(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:
(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.
This section is effective August 1, 2016, and applies to modification motions brought on or after that date.
Presented to the governor May 18, 2016
Signed by the governor May 19, 2016, 11:04 a.m.