b'Something Old, Something New: Brave New World: Changes to Minnesota Law on Spousal Maintenance Laws Revised Antenuptial Agreements Jana Aune DeachBrittney M. Jones612-877-5305|Jana.Deach@lawmoss.com maintenance. Whether this change to the statute is sufficient in612-877-5299|Brittney.Jones@lawmoss.com The amended statute provides that an antenuptial agreement LawMoss.com/people-jana-aune-deach and of itself to modify a prior spousal maintenance award is yetLawMoss.com/people-brittney-m-jones is presumed enforceable if it is entered into at least seven days to be determined.before the marriage. Agreements that are entered into less than seven days before the marriage are not presumed to be April L. Will Amendments to Factors Governing Amount Minnesota has long recognized the right of engaged couples toenforceable, and in those cases, the party seeking to enforce the 612-877-5329|April.Will@lawmoss.com The amount of spousal maintenance continues to be governedenter into antenuptial agreementsmore casually referred to asagreement has the burden of proof. LawMoss.com/people-april-l-will by the factors listed in Minn. Stat.518.552, subd. 2, but with aprenups. While antenuptial agreements were once unique to few important changes: celebrity couples and the ultra-wealthy, these agreements haveProcedural FairnessThe Minnesota State Legislature has undertaken a significantbecome increasingly commonplace for engaged couples from allAntenuptial agreements must be procedurally fair to be overhaul of the family law statutes, due to take effect August 1,Factor 3The Legislature expanded factor 3, requiring the Court towalks of life.enforceable. Courts previously applied a different procedural 2024. This article will serve as your guide to the upcomingconsider the extent to which the marital standard of living wasfairness analysis to antenuptial agreements addressing the changes and understanding their impact on spousal maintenancesupported by debt. Importantly, Minnesota law on antenuptial agreements isdivision of nonmarital property than those addressing the division in Minnesota. FactorsThe Legislature combined factors 4 and 5, so the Court mustchanging, with an effective date of August 1, 2024. Beforeof marital property.4 and 5 now consider the earnings, seniority, and other employmentsigning on the dotted line and saying I do, couples will need New Guidelines for Duration opportunities forgone by the spouse seeking maintenanceto understand the following changes to Minnesota law onWith the changes to Minnesota law, the same procedural fairness to support the other spouse or children. Notably, this didantenuptial agreements and ensure their agreement compliesanalysis applies to all antenuptial agreements. An antenuptial One of the most significant revisions to the spousal maintenancenot change the Courts obligation to consider the durationwith these changes.agreement is procedurally fair if:statute is the new guideline on duration. After August 1, 2024,of the marriage, the length of absence from employment, spousal maintenance awards will be characterized as eitherand the extent to which any education, skills, or experienceFull and Fair Financial Disclosurethe parties made a full and fair disclosure of their income and transitional or indefinite, based on the length of thehave become outmoded and earning capacity has becomeproperty to each other;marriage.permanently diminished.Minnesota law has always required parties to an antenuptial Factor 6 The Legislature expanded factor 6, requiring the Court toagreement to make a full and fair disclosure of their income andeach party had a meaningful opportunity to consult with 0-4 YearsRebuttable Presumption for No Spousal Maintenance consider the health of the parties rather than just the partyassets to each other. But the relevant statute did not define whatan attorney;of Marriageseeking spousal maintenance. The Legislature also expanded theexactly qualifies as a full and fair disclosure. definition of health to include the mental and chemical health ofthe agreement is in writing, notarized, and executed in the 5-19 YearsRebuttable Presumption for Transitional Spousal Maintenancethe parties, in addition to their age and physical health.Under the amended statute, a full and fair disclosure requirespresence of two witnesses;of Marriage to Last No Longer than Half the Length of the Marriage the parties to an antenuptial agreement to provide a reasonably Factor 8 The Legislature eliminated the language in factor 8 governingthe agreement is entered into voluntarily and free of duress; and20+ YearsRebuttable Presumption for Indefinite Spousal Maintenance the acquisition, preservation, depreciation, or appreciation inaccurate description of all material facts of their income and good of Marriage value of marital property. Instead, the Court is only to considerfaith estimates of the value of their property and disclose thethe agreement is signed at least seven days prior to the contribution of a spouse to furtherance of the other partysbasis for their financial disclosures. In other words, parties tothe marriage.employment or business. an antenuptial agreement must provide a detailed financial net Factor 9 The Legislature added a new factor, directing the Court toworth statement that also identifies the source documents usedFurther, Minnesota common law previously required that an This change is intended to provide much needed clarity to familiesconsider the need and ability of each spouse to prepare forantenuptial agreement be supported by adequate consideration to and practitioners alike. However, because duration is now directlyretirement and the anticipated time of retirement. to obtain the information provided (e.g., account statements,be procedurally fair. However, the amended statute provides that tied to the date of commencement, deciding when to file couldappraisals, etc.). the marriage itself is adequate consideration for the agreement. have a significant impact in your family law case.If you have questions regarding an existing spousal maintenanceTiming What was previously deemed temporary maintenance will noworder, the family law attorneys at Moss & Barnett are availableMinnesota law previously provided little guidance on the be characterized as transitional maintenance and an award ofto discuss whether a modification may be appropriate fortiming of signing an antenuptial agreement, only requiring the permanent maintenance will now be known as indefiniteyour circumstance. agreement to be executed at least the day before solemnization"Something Old, Something New" Continued on Page 9of the marriage. 2 3'