HOUSE BILL NO. 2084 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE KEATHLEY.
4429H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 452.335, RSMo, and to enact in lieu thereof one new section relating to maintenance orders.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 452.335, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 452.335, to read as follows: 452.335. 1.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 to either spouse, but only if it finds that the spouse seeking maintenance: 5 (1) Lacks sufficient property, including marital property apportioned to him or her, to 6 provide for his or her reasonable needs; and 7 (2) Is unable to support himself or herself through appropriate employment or is the 8 custodian of a child whose condition or circumstances make it appropriate that the custodian 9 not be required to seek employment outside the home. 10 2. The maintenance order shall be in such amounts and for such periods of time as the 11 court deems just, and after considering all relevant factors including: 12 (1) The financial resources of the party seeking maintenance, including marital 13 property apportioned to him or her, and his or her ability to meet his or her needs 14 independently, including the extent to which a provision for support of a child living with the 15 party includes a sum for that party as custodian; 16 (2) The time necessary to acquire sufficient education or training to enable the party 17 seeking maintenance to find appropriate employment;
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. HB 2084 2
18 (3) The comparative earning capacity of each spouse; 19 (4) The standard of living established during the marriage; 20 (5) The obligations and assets, including the marital property apportioned to him or 21 her and the separate property of each party; 22 (6) The duration of the marriage; 23 (7) The age, and the physical and emotional condition of the spouse seeking 24 maintenance; 25 (8) The ability of the spouse from whom maintenance is sought to meet his or her 26 needs while meeting those of the spouse seeking maintenance; 27 (9) The conduct of the parties during the marriage; and 28 (10) Any other relevant factors; 29 30 provided, however, that the court shall have the authority to set an end date for any 31 maintenance order granted, whether as part of the original order or as a modification. 32 Maintenance orders shall end upon the payer reaching full retirement age unless 33 otherwise agreed to by both parties. For the purposes of this subsection, "full 34 retirement age" means the earlier of the date on which the payer is eligible for, or begins 35 receiving, full retirement benefits under the federal Social Security Act, but "full 36 retirement age" shall not mean "early retirement age" as defined under the federal 37 Social Security Act, 42 U.S.C Section 416, as amended. The payer shall provide the 38 payee reasonable notice in advance of retirement. Six months' notice shall be presumed 39 to be reasonable. 40 3. The maintenance order shall state if it is modifiable or nonmodifiable. The court 41 may order maintenance which includes a termination date. Unless the maintenance order 42 which includes a termination date is nonmodifiable, the court may order the maintenance 43 decreased, increased, terminated, extended, or otherwise modified based upon a substantial 44 and continuing change of circumstances which occurred prior to the termination date of the 45 original order. ✔
Statutes affected: