Missouri HB 242: Modifies provisions relating to domestic relations

Bill Text

FIRST REGULAR SESSION
HOUSE BILL NO. 242
103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE SHARPE (4).
0392H.01I DANA RADEMAN MILLER, Chief Clerk
AN ACT
To repeal sections 452.335 and 452.370, RSMo, and to enact in lieu thereof two new sections
relating to domestic relations.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 452.335 and 452.370, RSMo, are repealed and two new sections
2 enacted in lieu thereof, to be known as sections 452.335 and 452.370, to read as follows:
452.335. 1. In a proceeding for nonretroactive invalidity, dissolution of marriage or
2 legal separation, or a proceeding for maintenance following dissolution of the marriage by a
3 court which lacked personal jurisdiction over the absent spouse, the court may grant a
4 maintenance order, which may be bridge, rehabilitative, or durational, to either spouse,
5 but only if it finds that the spouse seeking maintenance:
6 (1) Lackssufficientproperty,includingmaritalpropertyapportionedtohimorher,to
7 provide for his or her reasonable needs; and
8 (2) Is unable to support himself or herself through appropriate employment or is the
9 custodian of a child, or a disabled or incapacitated adult dependent, whose condition or
10 circumstances make it appropriate that the custodian not be required to seek employment
11 outside the home.
12 2. The general assembly hereby finds and declares that every spouse has a
13 continuing duty to become self-supporting following the dissolution of a marriage, so
14 long as physically and mentally capable. Further, maintenance is not intended as a
15 substitute for gainful employment, an open-ended obligation without limitation, or a
16 guaranty of a certain standard of living. The maintenance order shall be in such amounts
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

17 andfor such periodsof timeas thecourt deems just, and afterconsidering all relevantfactors,
18 including:
19 (1) The financial resources of the party seeking maintenance, including marital
20 property apportioned to him or her, and his or her ability to meet his or her needs
21 independently, including the extent to which a provision for support of a child, or a disabled
22 or incapacitated adult dependent, living with the party includes a sum for that party as
23 custodian;
24 (2) The time necessary to acquire sufficient education or training to enable the party
25 seeking maintenance to find appropriate employment;
26 (3) The comparative earning capacity of each spouse and the efforts made by each
27 spouse to take steps to become self-supporting in accordance with this subsection;
28 (4) The standard of living established during the marriage considered in light of this
29 subsection;
30 (5) The obligations and assets, including the marital property apportioned to him or
31 her and the separate property of each party;
32 (6) The duration of the marriage;
33 (7) The age[,] and the physical and emotional condition of [the spouse seeking
34 maintenance] each party;
35 (8) The ability of the spouse from whom maintenance is sought to meet his or her
36 needs while meeting those of the spouse seeking maintenance;
37 (9) The conduct of the parties during the marriage; [and]
38 (10) The factors set forth in subsection 9 of this section; and
39 [(10)] (11) Any other relevant factors.
40 3. Themaintenanceordershallstateifitisbridge,rehabilitative,ordurationaland
41 whether the order is modifiable or nonmodifiable. Bridge, rehabilitative, and durational
42 maintenance orders shall not be combined. The court [may] shall order maintenance
43 whichincludesaterminationdateinaccordancewiththeprovisionsofthissection. Unless
44 the maintenance order which includes a termination date is nonmodifiable, the court may
45 order the maintenance decreased, increased, terminated, extended, or otherwise modified
46 based upon a substantial and continuing change of circumstances which occurred prior to the
47 termination date of the original order, provided that no maintenance order shall be
48 modified to extend its duration in excess of the limits established in this section, except
49 as provided in subsection 10 of this section.
50 4. For purposes of determining maintenance only, or a modification thereto, a
51 short-term marriage is a marriage having a duration of three years but less than ten
52 years; a moderate-term marriage is a marriage having a duration of ten years but less
53 than twenty years; and a long-term marriage is a marriage having a duration of twenty
HB 242 2

54 yearsormore. The duration ofamarriageistheperiodoftimefromthefirstdayofthe
55 marriage until the date of the filing of a petition for dissolution of marriage or legal
56 separation.
57 5. Except as provided under subsection 10 of this section, for marriages lasting:
58 (1) Three years bu