SCS/SB 199 - This act creates three categories of spousal maintenance orders that may be awarded by a court in certain proceedings based on the length of marriage and the type of maintenance needed by the parties. For the purposes of the act, a short-term marriage is defined as having a duration of less than 7 years, a moderate-term marriage as having a duration of 7 to less than 17 years, and a long-term marriage as having a duration of 17 or more years. "Bridge" maintenance orders may be awarded to a party to a short-term marriage 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 to a short-term marriage or a moderate-term marriage. 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 established during a moderate-term or long-term marriage. A durational maintenance order shall not remain in effect for more than: (1) 5 years, if the marriage lasted 7 to less than 10 years; (2) 7 years, if the marriage lasted 10 to less than 17 years: and (3) 10 years, if the marriage lasted 17 or more years. Durational maintenance orders may be modified as specified in the act.
A court may exceed the durational limits set forth in this act in awarding or modifying rehabilitative or durational maintenance only if the court specifically finds, after consideration of all relevant factors, that the durational limits are not in the interests of fairness for the party seeking maintenance or modification of an existing maintenance order. The court shall enter written findings of fact and conclusions of law setting forth the grounds for exceeding the durational limits.
Maintenance orders may be subject to modification or termination if it can be shown that the recipient and another person have entered into a mutually supportive relationship that is the functional equivalent of marriage that has lasted for at least 12 months in an 18-month period, as specified in the act.
Finally, the standards of these provisions shall be applicable to all initial actions and modifications decided on or after August 28, 2021, as specified in the act.
These provisions are substantially similar to SB 961 (2020), SB 772 (2020), HCS/HB 194 (2019), and SB 307 (2019).
Additionally, this act adds a rebuttable presumption when determining child custody arrangements that an award of equal or approximately equal parenting time to each parent is in the best interests of the child. Such presumption may be rebutted as specified in the act, including an agreement by the parents on all issues related to custody or a finding by the court that a pattern of domestic violence has occurred.
These provisions are identical to SB 531 (2020) and substantially similar to SCS/HCS/HB 229 (2019), SB 14 (2019), SCS/HCS/HB 1667 (2018), SB 645 (2018), and HCS/HB 724 (2017).
SARAH HASKINS