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SECOND REGULAR SESSION
SENATE BILL NO. 1250
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR GREGORY (15).
5489S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 452.335, RSMo, and to enact in lieu thereof one new section relating to spousal
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Section A. Section 452.335, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 452.335, 2
to read as follows:3
452.335. 1. In a proceeding for nonretroactive 1
invalidity, dissolution of marriage or legal separation, or 2
a proceeding for maintenance following dissolution of the 3
marriage by a court which lacked personal jurisdiction over 4
the absent spouse, the court may grant a maintenance order 5
to either spouse, but only if it finds that the spouse 6
seeking maintenance: 7
(1) Lacks sufficient property, including marital 8
property apportioned to him, to provide for his reasonable 9
needs; and 10
(2) Is unable to support himself through appropriate 11
employment or is the custodian of a child whose condition or 12
circumstances make it appropriate that the custodian not be 13
required to seek employment outside the home. 14
2. The maintenance order shall be in such amounts and 15
for such periods of time as the court deems just, and after 16
considering all relevant factors including: 17
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(1) The financial resources of the party seeking 18
maintenance, including marital property apportioned to him, 19
and his ability to meet his needs independently, including 20
the extent to which a provision for support of a child 21
living with the party includes a sum for that party as 22
custodian; 23
(2) The time necessary to acquire sufficient education 24
or training to enable the party seeking maintenance to find 25
appropriate employment; 26
(3) The comparative earning capacity of each spouse; 27
(4) The standard of living established during the 28
marriage; 29
(5) The obligations and assets, including the marital 30
property apportioned to him and the separate property of 31
each party; 32
(6) The duration of the marriage; 33
(7) The age, and the physical and emotional condition 34
of the spouse seeking maintenance; 35
(8) The ability of the spouse from whom maintenance is 36
sought to meet his needs while meeting those of the spouse 37
seeking maintenance; 38
(9) The conduct of the parties during the marriage; and 39
(10) Any other relevant factors. 40
3. Notwithstanding the provisions of subsection 2 of 41
this section to the contrary, a maintenance order shall 42
terminate upon the payor reaching full retirement age, 43
unless otherwise agreed to by both parties. For purposes of 44
this subsection, "full retirement age" shall mean the 45
earlier of the date on which the payor is either eligible 46
for or begins receiving full retirement benefits under the 47
federal Social Security Act, but shall not mean "early 48
retirement age" as defined under the federal Social Security 49
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Act, 42 U.S.C. Section 416, as amended. The payor shall 50
provide the payee reasonable notice in advance of 51
retirement. Six months notice shall be presumed to be 52
reasonable. 53
4. The maintenance order shall state if it is 54
modifiable or nonmodifiable. The court may order 55
maintenance which includes a termination date. Unless the 56
maintenance order which includes a termination date is 57
nonmodifiable, the court may order the maintenance 58
decreased, increased, terminated, extended, or otherwise 59
modified based upon a substantial and continuing change of 60
circumstances which occurred prior to the termination date 61
of the original order. 62
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