Spousal Maintenance in Minnesota has changes effected by the legislature effective August 1, 2024.  Found at Minnesota Statutes 518.552, the new changes no longer refer to spousal maintenance as temporary or permanent.  It is now "transitional" and "indeterminate".

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One of the biggest changes to the statute on spousal maintenance is the amendment to 518.552, Subd. 3 (c), The court must determine the duration of maintenance based on the length of the marriage as follows:

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

(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

(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.

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Modification of a Spousal Maintenance Order:    New changes August 1, 2024 also apply to modifying an obligation, as follows: Sec. 5.  Minnesota Statutes 2022, section 518.552, is amended by adding a subdivision to read:

 

Subd. 5b. Modification. 

(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.

(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:

(1) substantially increased or decreased gross income of an obligor or obligee;

(2) substantially increased or decreased need of an obligor or obligee; or

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

(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.

(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:

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

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

(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

(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.

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

(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.

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Cohabitation, Remarriage and the Retirement of either party also impacts an existing order for spousal maintenance.    To discuss the specifics of your case with our family law attorney, call now to request a consult.  218-741-8517  Johnson Law Firm, PA

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