Changes to Minnesota Family Law (2024)

Changes to Minnesota Family Law (2024)

As of August 1, 2024, Minnesota has made fairly powerful changes to rules and procedures regarding spousal maintenance and alienation of parenting time. These changes affect not only divorce proceedings in Minnesota, but affect any family matter in which spousal maintenance and/or alienation of parenting time are at issue.

Spousal Maintenance

Terms regarding spousal maintenance have changed:

• Temporary spousal maintenance is now referred to as transitional spousal maintenance. Transitional spousal maintenance is paid for a set period of time.
• Permanent spousal maintenance is now referred to as indefinite spousal maintenance. Indefinite spousal maintenance is paid until either: (1) the payor does not have the ability to continue making payments, or (2) the recipient no longer needs the payments and is capable of self-support.

Guidelines regarding spousal maintenance have been set:

• If married for fewer than five (5) years, there is a presumption of no spousal maintenance.
• If married for more than five (5) years, but fewer than twenty (20) years, the presumption is transitional spousal maintenance.
• If married for more than twenty (20) years, the presumption is indefinite spousal maintenance.

Procedure for the calculation and modification of spousal maintenance have been clarified:

• Evidentiary hearings are no longer required for motions to modify spousal maintenance.
• The Court is now required to consider whether the standard of living of spouses during marriage was made possible through acquiring debt.
• If the retiring party is of retirement age, reduction of income through retirement is no longer presumed to be in bad faith. Additionally, parties can now file a motion to modify spousal maintenance before their date of retirement, setting modification to take effect on the date of retirement occurring in the future.

Alienation of Parenting Time

Hearings regarding alienation of parenting time are now given priority for hearing scheduling:

• Hearings are now required to be scheduled within thirty (30) days of a party raising the issue of parental alienation.

Remedies for alienation of parenting time:

• The Court may award additional parenting time to the alienated parent.
• The Court is now required to award attorney’s fees to any alienated parent who has repeatedly been intentionally denied court-ordered parenting time. Depending upon the severity of the alienation, the Court may also impose an additional fine of $500.
• The Court may modify custody in favor of an alienated parent.

Contact a Minnesota Family Lawyer Today

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