An Act To Amend the Laws Governing the Award of Spousal Support in Divorce Actions
Sec. 1. 19-A MRSA §951-A, sub-§2, as enacted by PL 1999, c. 634, §3, is amended to read:
(1) There is a rebuttable presumption that general support may not be awarded if the parties were married for less than 10 years as of the date of the filing of the action for divorce. There is also a rebuttable presumption that general Transitional support may not be awarded for a term exceeding 1/2 the length of the marriage if the parties were married for at least 10 years but not more than 20 years as of the date of the filing of the action for divorce.
(2) If the court finds that a spousal support award based upon a presumption established by this paragraph would be inequitable or unjust, that finding is sufficient to rebut the applicable presumption. Notwithstanding the period established in subparagraph (1), transitional support terminates upon:
(a) Death of either party;
(b) Remarriage of the party receiving transitional support;
(c) Either party's reaching full retirement age as defined in the United States Social Security Act of 1935, as amended; or
(d) Cohabitation by the party receiving transitional support in a household in which that party receives support, other than transitional support, for more than one year.
(3) An award of transitional support may be modified during the term of the award for a significant change, as determined by the court, in the circumstances of either party other than a change under subparagraph (2).
(1) Short-term needs resulting from financial dislocations associated with the dissolution of the marriage; or
(2) Reentry or advancement in the work force, including, but not limited to, physical or emotional rehabilitation services, vocational training and education.
Rehabilitative support may not be awarded for more than 4 years, starting from the date of the filing of the action for divorce.
(1) Economic misconduct by a spouse; and
(2) Substantial contributions a spouse made towards the educational or occupational advancement of the other spouse during the marriage.
Reimbursement support may be awarded only if the court determines that the parties' financial circumstances do not permit the court to fully address equitable considerations through its distributive order pursuant to section 953.
SUMMARY
This bill makes the following changes regarding spousal support in divorce actions.
1. It renames "general support" as "transitional support."
2. It removes the rebuttable presumption against an award of transitional support for marriages shorter than 10 years in duration.
3. It provides for an end to transitional support if either party dies or reaches normal retirement age or if the party receiving support remarries or cohabits with someone for more than one year.
4. It provides that an award of transitional support may be modified for any other significant change in circumstances of either party.
5. It renames "transitional support" as "rehabilitative support" and limits the award of rehabilitative support to 4 years from the date the divorce action is filed.
6. It eliminates the ability of the court to award nominal support.