MN HF1333

Allows courts to modify spousal maintenance awards based on cohabitation of the maintenance obligee with another adult after marriage dissolution, including reduction, suspension, reservation, or termination of payments.

Courts must consider four factors when evaluating cohabitation-based modifications: whether the obligee would marry the cohabitant but for the maintenance award, economic benefits derived from cohabitation, length and likely future duration of cohabitation, and economic impact if maintenance is modified and cohabitation ends.

Prohibits modification based solely on cohabitation if a marriage between the obligee and cohabitant would be prohibited under Minnesota law, and limits modifications if parties have entered into a private agreement regarding maintenance.

Establishes a one-year waiting period after entry of a dissolution or legal separation decree before a cohabitation-based modification motion can be brought, unless parties agree in writing or extreme hardship exists.

Effective August 1, 2016, and applies to modification motions brought on or after that date.