- 19 - 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 originallyPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011