SB 772 - This act creates three categories of spousal maintenance orders that may be awarded by a court in certain proceedings. "Bridge-the-gap" maintenance orders may be awarded to a party leaving a short-term marriage, defined as having a duration of less than 7 years, to provide support for legitimate short-term needs for no more than 2 years. Such awards shall not be modifiable in duration or amount. "Rehabilitative" maintenance orders may be awarded to assist a party leaving a short-term marriage, a moderate-term marriage, defined as having a duration of 7 to less than 17 years, or a long-term marriage, defined as having a duration of 17 or more years. Such awards are designed to facilitate self-support through the redevelopment of previous skills or credentials or the acquisition of education, training, or work experience and the development and implementation of a career plan and goals. There shall be a specific and defined rehabilitative plan prior to awarding a rehabilitative maintenance order and such order shall not exceed 5 years in duration. Rehabilitative maintenance orders may be terminated upon a substantial change in circumstances, upon noncompliance with the rehabilitative plan, or upon completion of the plan.
"Durational" maintenance orders may be awarded to provide for the needs and necessities of a party as they were established during a short-term, moderate-term, or long-term marriage. Absent exigent circumstances, as defined in the act, a durational maintenance order shall not remain in effect for more than: (1) 3 years, if the marriage lasted less than 7 years; (2) 5 years, if the marriage lasted 7 to less than 10 years; (3) 7 years, if the marriage lasted 10 to less than 17 years: (4) 10 years, if the marriage lasted 17 to less than 25 years; or (5) 15 years, if the marriage lasted 25 or more years. Durational maintenance orders may be modified as specified in the act.
No order may be modified to extend beyond the durational limits specified in the act. Maintenance awards may be terminated due to agreement by the parties, the death of either party, or the remarriage of the party receiving maintenance. The standards of this act shall be applicable to all initial actions and modifications decided after August 28, 2020.
Finally, nothing in this act shall be construed to prohibit parties from reaching agreements between themselves and submitted to the court in writing regarding the type or duration of maintenance, even if the duration exceeds the limits described in this act.
This act is substantially similar to SB 961 (2020) and HCS/HB 194 (2019) and SB 307 (2019).
SARAH HASKINS