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Cohabitation spousal support bill passed by House

Previously this session a mix of both male and female testifiers told the House Civil Law and Data Practices Committee about how their lives have been adversely effected by a current law regarding monthly spousal support and cohabitation.

It appears legislators were listening.

HF1333, sponsored by Rep. Peggy Scott (R-Andover), would add a provision to existing law for modification of spousal support when the person receiving the support is found to be co-habitating with another individual. Modification may consist of a reduction, suspension, reservation or termination. Under current law, spousal support remains unchanged until a new marriage or death occurs.

Passed 112-9 as amended by the House Wednesday, the bill now goes to the Senate where Sen. Michelle Benson (R-Ham Lake) is the sponsor.

“This will focus on the abuse of current law,” Scott said.

According to the bill, the court could not modify a support amount based solely on a cohabitation existing.

In determining if support should be modified due to cohabitation, a court would consider whether the receiver would marry the cohabitant if not for the maintenance award, the economic benefit that the receiver derives from the cohabitation, the length of the cohabitation, the likely future duration of the cohabitation and the economic impact on the receiver if support is modified and the cohabitation ends.

No motion to modify support could be brought within one year of the date of a finalized divorce.

When both parties have otherwise mutually agreed or been ordered by the court, no modification would be applicable. 


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