Minnesota 2023-2024 Regular Session

Minnesota Senate Bill SF2745

Introduced
3/8/23  

Caption

Spousal maintenance modifications

Impact

The bill has notable implications for spousal maintenance calculations and award durations. It introduces rebuttable presumptions regarding maintenance based on the length of the marriage, specifying that shorter marriages will generally not warrant maintenance, while longer marriages may lead to indefinite maintenance. Additionally, adjustments are made for situations where a party retires, emphasizing whether such retirement is a voluntary choice or a necessary decision. The considerations for modifications based on changes in income or personal circumstances aim to keep maintenance arrangements fair and relevant over time.

Summary

SF2745 addresses modifications to spousal maintenance laws in Minnesota. The bill modifies existing statutes to clarify the criteria for awarding maintenance, including considerations of a spouse's financial resources, the duration of the marriage, and the potential for self-support. The revisions aim to provide clearer processes for courts when dealing with spousal maintenance requests, particularly in situations of significant life changes such as retirement or cohabitation. Overall, the intent is to ensure that maintenance orders are equitable and reflective of current circumstances.

Contention

Discussion surrounding SF2745 has raised points of contention regarding the balance of support for individuals post-divorce versus the rights of the payer. Critics often worry that limiting spousal maintenance or setting rigid parameters may disproportionately impact lower-earning spouses, often women, who may rely on these payments for sustenance after a marriage ends. Advocates for the bill argue that it upholds the integrity of maintenance awards by discouraging long-term dependency without proper justification, thereby maintaining fairness in the judicial process.

Companion Bills

MN HF2895

Similar To Judiciary; spousal maintenance modified, and child support provisions modified.

Previously Filed As

MN HF2895

Judiciary; spousal maintenance modified, and child support provisions modified.

MN HF3204

Parenting time and spousal maintenance provisions modified, antenuptial and postnuptial agreements governing provisions modified and updated, assisted reproduction rights and responsibilities established, and revisor of statutes directed to update terms used in statute.

MN HB901

Relating to spousal maintenance.

MN SB116

Spousal Maintenance Guidelines

MN SF2759

Family Law policy bill

MN SB1151

Community property; spousal maintenance; documentation

MN HB865

Relating to spousal maintenance.

MN HB784

Child and spousal support; entry or modification of orders, determination of support overages.

MN A611

Permits modification of alimony award based on cohabitation of supported spouse.

MN SB562

Modifies provisions relating to spousal support and child support orders

Similar Bills

MN HF916

Tax expenditure provisions modified, and past tax expenditure purpose statements provided.

MN HF3284

REAL ID implementation law repealed.

MN SF3492

REAL ID implementation law repealer

MN HF20

Wage credits modified and reimbursement provided, general fund transfers authorized, unemployment insurance aid provided, report required, and money appropriated.

MN SF32

Wage credits modification and reimbursement provision; unemployment insurance aid establishment and appropriation

MN HF5267

Governor's budget bill for early childhood programs; child welfare and child care licensing provisions modified; technical changes to early childhood law made; Department of Children, Youth, and Families recodification updated; and money appropriated.

MN SF5386

Early Childhood supplemental appropriations

MN SF4803

Various independent school district construction projects sales and use tax exemption provision and appropriation