Sec. 1. 19-A MRSA §902, sub-§1, ¶¶H and I, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, are amended to read:

H. Irreconcilable marital differences; or

I. Mental illness requiring confinement in a mental institution for at least 7 consecutive years prior to the commencement of the action.; or

Sec. 2. 19-A MRSA §902, sub-§1, ¶J is enacted to read:

J.__Fraud or financial misconduct.

Sec. 3. 19-A MRSA §953, sub-§10 is enacted to read:

10.__Fraud or financial misconduct.__If a divorce is brought under section 902, subsection 1, paragraph J, the court must order the disposition of marital property to make the complaining spouse whole from the marital assets to the extent possible and, if necessary, from the assets of the spouse who committed the fraud or financial misconduct, including ordering spousal support under section 951-A.__The fraud or financial misconduct must be proved by a preponderance of the evidence.

SUMMARY

This bill creates new grounds for divorce: fraud or financial misconduct. This bill requires a court, upon a showing by the complaining spouse of fraud or financial misconduct by a preponderance of the evidence, to make the complaining spouse whole through the disposition of the marital assets and, if necessary, from the assets and future income of the spouse who committed the fraud or financial misconduct.