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SECOND REGULAR SESSION
HOUSE BILL NO. 2084
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE KEA THLEY .
4429H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o 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Section A. Section 452.335, RSMo, is repealed and one new section enacted in lieu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 suff icient 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 suff icient education or training to enable the party
17 seeking maintenance to find appropriate employment;
EXPLANA TION — 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.
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 pr ovided, 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 reach ing full reti rem ent age unless
33 otherwise agreed to by both parties. For the purposes of this subsection, "full
34 r etir ement age" means the earlier of the date on which the payer is eligible for , or begins
35 r eceiving, full re tire ment benefits under the federal Social Security Act, but "full
36 r etir ement age" shall not mean "early r etir ement age" as defined under the federal
37 Social Security Act, 42 U.S.C Section 416, as amended. The payer shall provi de the
38 payee reas onable notice in advance of r etir ement. Six months' notice shall be pr esumed
39 to be r easonable .
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 .
✔
HB 2084 2