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Will Minnesota adopt proposed changes to spousal maintenance laws?

Spousal maintenance cases tend to be the most contested and least certain cases in Minnesota, partially because the guidelines in the statute for the award of maintenance are so subjective. Minnesota does not have any bright line rules for whether maintenance will be awarded, how long it will be paid, calculations for the amount of the award, or whether retirement is a guaranteed end to maintenance. Since 2016, a push for a modification of our spousal maintenance statutes has been in the works, but to date, no changes have been adopted by the legislature. HF 2895 is current pending in the legislature, making changes to presumptions for duration of maintenance, guidelines related to retirement, and other potentially positive changes reducing the subjectivity of spousal maintenance laws.

Gillian Blomquist