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:
Minnesota Statutes 2022, section 518.552, subdivision 1, is amended to read:
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 circumstancesdeleted 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.
Minnesota Statutes 2022, section 518.552, subdivision 2, is amended to read:
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 marriagenew text begin and the extent to which the
standard of living was funded by debtnew text end ;
(d) the duration of the marriage anddeleted 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 andnew 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;
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(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 thedeleted text end physical deleted text begin and emotional conditiondeleted text end new text begin , mental, or chemical healthnew text end of
deleted text begin the spouse seeking maintenancedeleted text end new text begin both spousesnew 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 ofdeleted text end a
spouse deleted text begin as a homemaker ordeleted text end in furtherance of the other party's employment or businessdeleted text begin .deleted text end new text begin ; and
new text end
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(h) the need and ability of each spouse to prepare for retirement and the anticipated time
of retirement.
new text end
Minnesota Statutes 2022, section 518.552, subdivision 3, is amended to read:
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
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(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.
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(c) The court must determine the duration of maintenance based on the length of the
marriage as follows:
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(1) when the length of the marriage is less than five years, it is rebuttably presumed that
no maintenance should be awarded;
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(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
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(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
Minnesota Statutes 2022, section 518.552, is amended by adding a subdivision to
read:
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
Minnesota Statutes 2022, section 518.552, is amended by adding a subdivision to
read:
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
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(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:
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(1) substantially increased or decreased gross income of an obligor or obligee;
new text end
new text begin (2) substantially increased or decreased need o