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support needs of the recipient, the bill provides that
a payment qualifies as alimony only if the payor (or
any person making a payment on behalf of the payor) has
no liability to make any such payment for any period
following the death of the payee spouse. [H. Rept. 98-
432 (part 2), at 1496 (1984).]
Under Minnesota law, temporary orders in a divorce
proceeding terminate when the underlying proceeding is
consummated by dismissal or otherwise. See Minn. Stat. 518.131,
subd. 5 (2000); Richardson v. Richardson, 15 N.W.2d 127 (Minn.
1944). Similarly, an order of civil contempt for failure to obey
an order pending a final divorce decree loses its "force and
life" with a judgment of dismissal. In re Fanning, 41 N.W. 1074
(Minn. 1889). Minnesota law also provides that a suit for a
divorce abates when either spouse has died. See Tikalsky v.
Tikalsky, 208 N.W. 180 (Minn. 1926).
Minnesota law, however, expressly provides that an award of
attorney’s fees, even if made in a temporary order, survives the
underlying action for a divorce. The relevant statute provides:
An award of attorney’s fees made by the court during
the pendency of the proceeding or in the final judgment
survives the proceeding and if not paid by the party
directed to pay the same may be enforced as above
provided or by a separate civil action brought in the
attorney’s own name. If the proceeding is dismissed or
abandoned prior to determination and award of
attorney’s fees, the court may nevertheless award
attorney’s fees upon the attorney’s motion. The award
shall also survive the proceeding and may be enforced
in the same manner as last above provided. [Minn. Stat.
sec. 518.14 subd. 1 (West 1990 & Supp. 1999-2000).]
Here, the payments which remain at issue were all originally
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