SB 562 - This act modifies several provisions relating to spousal support and child support orders.First, this act modifies the conditions to consider when a court grants a spousal maintenance order, including if the spouse seeking maintenance is the custodian of a disabled or incapacitated adult dependent, the efforts made by each spouse to become self-supporting, and other factors such as the age of the parties, retirement prospects, and the likelihood that the lifestyles of both spouses may reasonably decline following a dissolution of marriage and as the parties approach retirement age. The General Assembly finds that every spouse has a duty to become self-supporting following a dissolution of marriage and that maintenance orders are not intended as a substitute for gainful employment, an open-ended obligation without limitation, or a guarantee of a certain standard of living.
This act creates three categories of spousal maintenance orders that may be awarded by a court in certain proceedings based on the length of the marriage and the needs of the parties. The duration of the maintenance orders shall depend on the length of the marriage, with short-term marriages (those lasting between 3 and 10 years) having a maintenance order duration not to exceed 50% of the marriage's length, moderate-term marriages (those lasting between 10 and 20 years) having a maintenance order duration not to exceed 60% of the marriage's length, and long-term marriages (those lasting 20 or more years) having a maintenance order duration not to exceed 75% of the marriage's length. Marriages lasting less than 3 years shall not be eligible for maintenance under this act.
The first new category of spousal maintenance created is "bridge" maintenance, which may be awarded to assist 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 necessary to develop appropriate employment skills or credentials. A rehabilitative maintenance order shall not exceed 4 years in duration. Rehabilitative maintenance orders may be modified or terminated upon a substantial and continuing change in circumstances, as a result of the failure or insufficient efforts being made by the party receiving rehabilitative maintenance to establish the capacity for self-support, or upon completion of rehabilitation efforts.
"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. 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 for reasons set forth in the act, including if the court specifically finds, after consideration of all relevant factors, that the durational limits will result in a substantial and continuing hardship for the party seeking or receiving maintenance and extending the maintenance order duration is just and fair to both parties. The court shall make written findings of fact and conclusions of law setting forth the grounds for exceeding the durational limits, as described in the act.
Nothing in this act shall be construed to prohibit parties from reaching an agreement and submitting such agreement to the court regarding the type or duration of maintenance.
For purposes of modification of prior maintenance orders, the standards of this act shall be applicable to all initial actions and modifications decided on or after August 28, 2025. Either party may file a modification to seek to classify maintenance under an existing order as bridge, rehabilitative, or durational or to modify the duration of the existing order. There shall be a presumption in favor of modifying existing maintenance orders to bring them into conformity with the provisions of this act.
Finally, this act modifies provisions of current law relating to modification of maintenance or support orders, including spousal and child support. The current standard for modification requires a showing of "changed circumstances so substantial and continuing so as to make the terms unreasonable". This act uses the standard of a showing of "substantial and continuing changed circumstances".
Provisions of this act as similar to SB 961 (2020) and SB 772 (2020).
SARAH HASKINS