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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1532
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR SCHROER.
6593S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 452.335 and 452.370, RSMo, and to enact in lieu thereof two new sections
relating to support orders.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 452.335 and 452.370, RSMo, are 1
repealed and two new sections enacted in lieu thereof, to be 2
known as sections 452.335 and 452.370, 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
which may be bridge, rehabilitative, or durational, to 6
either spouse, but only if it finds that the spouse seeking 7
maintenance: 8
(1) Lacks sufficient property, including marital 9
property apportioned to him or her, to provide for his or 10
her reasonable needs; and 11
(2) Is unable to support himself or herself through 12
appropriate employment or is the custodian of a child, or a 13
disabled or incapacitated adult dependent, whose condition 14
or circumstances make it appropriate that the custodian not 15
be required to seek employment outside the home. 16
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2. The general assembly hereby finds and declares that 17
every spouse has a continuing duty to become self-supporting 18
following the dissolution of a marriage, so long as 19
physically and mentally capable. Further, maintenance is 20
not intended as a substitute for gainful employment, an open- 21
ended obligation without limitation, or a guarantee of a 22
certain standard of living. The maintenance order shall be 23
in such amounts and for such periods of time as the court 24
deems just, and after considering all relevant factors, 25
including: 26
(1) The financial resources of the party seeking 27
maintenance, including marital property apportioned to him 28
or her, and his or her ability to meet his or her needs 29
independently, including the extent to which a provision for 30
support of a child, or a disabled or incapacitated adult 31
dependent, living with the party includes a sum for that 32
party as custodian; 33
(2) The time necessary to acquire sufficient education 34
or training to enable the party seeking maintenance to find 35
appropriate employment; 36
(3) The comparative earning capacity of each spouse 37
and the efforts made by each spouse to take steps to become 38
self-supporting in accordance with this subsection; 39
(4) The standard of living established during the 40
marriage considered in light of this subsection; 41
(5) The obligations and assets, including the marital 42
property apportioned to him or her and the separate property 43
of each party; 44
(6) The duration of the marriage; 45
(7) The age[,] and the physical and emotional 46
condition of [the spouse seeking maintenance] each party; 47
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(8) The ability of the spouse from whom maintenance is 48
sought to meet his or her needs while meeting those of the 49
spouse seeking maintenance; 50
(9) The conduct of the parties during the marriage; 51
[and] 52
(10) The factors set forth in subsection 9 of this 53
section; and 54
(11) Any other relevant factors. 55
3. The maintenance order shall state if it is bridge, 56
rehabilitative, or durational and whether the order is 57
modifiable or nonmodifiable. Bridge, rehabilitative, and 58
durational maintenance orders shall not be combined. The 59
court [may] shall order maintenance which includes a 60
termination date in accordance with the provisions of this 61
section. Unless the maintenance order which includes a 62
termination date is nonmodifiable, the court may order the 63
maintenance decreased, increased, terminated, extended, or 64
otherwise modified based upon a substantial and continuing 65
change of circumstances which occurred prior to the 66
termination date of the original order, provided that no 67
maintenance order shall be modified to extend its duration 68
in excess of the limits established in this section, except 69
as provided in subsection 10 of this section. 70
4. For purposes of determining maintenance only, or a 71
modification thereto, a short-term marriage is a marriage 72
having a duration of three years but less than ten years; a 73
moderate-term marriage is a marriage having a duration of 74
ten years but less than twenty years; and a long-term 75
marriage is a marriage having a duration of twenty years or 76
more. The duration of a marriage is the period of time from 77
the first day of the marriage until the date of the filing 78
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of a petition for dissolution of marriage or legal 79
separation. 80
5. Except as provided under subsection 10 of this 81
section, for marriages lasting: 82
(1) Three years but less than ten years, the duration 83
of maintenance shall not exceed fifty percent of the 84
marriage's length; 85
(2) Ten years but less than twenty years, the duration 86
of maintenance shall not exceed sixty percent of the 87
marriage's length; and 88
(3) Twenty or more years, the duration of maintenance 89
shall not exceed seventy-five percent of the marriage's 90
length. 91
Marriages lasting less than three years shall be ineligible 92
for maintenance. 93
6. Bridge maintenance may be awarded to assist a party 94
to a short-term marriage seeking maintenance with 95
legitimate, identifiable short-term needs. The length of 96
the maintenance shall not exceed two years. An award of 97
bridge maintenance shall terminate upon the death of either 98
party or upon the remarriage of the party receiving 99
maintenance. An award of bridge maintenance shall not be 100
modifiable in amount or duration. 101
7. (1) Rehabilitative maintenance may be awarded to 102
assist a party to a short-term or moderate-term marriage 103
seeking maintenance in establishing the capacity for self- 104
support through either: 105
(a) The redevelopment of previous skills or 106
credentials; or 107
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(b) The acquisition of education, training, or work 108
experience necessary to develop appropriate employment 109
skills or credentials. 110
(2) The length of the rehabilitative maintenance shall 111
not exceed four years. 112
(3) An award of rehabilitative maintenance may be 113
modified or terminated based upon substantial and continuing 114
changed circumstances, as a result of the failure, or 115
insufficient efforts being made by the party receiving 116
rehabilitative maintenance, to establish the capacity for 117
self-support as provided in this subsection, or upon 118
completion of the rehabilitative efforts contemplated by 119
this subsection, if applicable, provided that the length of 120
the maintenance shall not be modified to exceed the limits 121
set forth in this subsection, except in accordance with 122
subsection 10 of this section. 123
8. Durational maintenance may be awarded to provide 124
for the needs and necessities of life as they were 125
established during a moderate-term or long-term marriage. 126
Durational maintenance may be awarded if such an award is 127
appropriate upon consideration of the factors set forth in 128
subsection 2 of this section. 129
9. In establishing the term of durational maintenance, 130
and for purposes of all maintenance modifications decided on 131
or after August 28, 2026, the court shall consider all 132
relevant factors, including, but not limited to: 133
(1) The retirement, or the prospect and ability of the 134
payer of maintenance to retire, from full-time employment or 135
reduce his or her employment status to part-time or accept 136
lower-paying employment as part of a plan to retire; 137
(2) The age of the party paying maintenance; 138
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(3) The duration and amount of maintenance already 139
paid, and the efforts made by the party seeking maintenance 140
to become self-supporting; 141
(4) The likelihood that the lifestyle of both spouses 142
may reasonably decline following a dissolution of marriage 143
or legal separation and as the parties approach retirement 144
age; and 145
(5) The provisions of subsection 2 of this section. 146
10. Notwithstanding the limits set forth in 147
subsections 5 and 7 of this section to the contrary, a court 148
may award durational maintenance or modify rehabilitative or 149
durational maintenance in excess of the limits set forth in 150
this section if the court specifically finds, after 151
consideration of all relevant factors, including those set 152
forth in subsection 2 of this section, that: 153
(1) Such limits will result in a substantial and 154
continuing hardship for the party seeking, or currently 155
receiving, maintenance; 156
(2) The party seeking maintenance meets the criteria 157
in subdivisions (1) and (2) of subsection 1 of this section; 158
(3) The party seeking maintenance will be unable to 159
establish the capacity, despite having made reasonable and 160
continuing efforts to do so, for self-support within the 161
maintenance limits set forth in subsection 5 or 7 of this 162
section for the applicable marital duration at issue; and 163
(4) Extending the maintenance further under this 164
subsection is just and fair to both parties. In any case in 165
which the court orders a party sixty-seven years of age or 166
older to pay or continue to pay maintenance, the court shall 167
make written findings of fact and conclusions of law 168
evidencing exceptional circumstances to support its ruling. 169
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If the court extends the duration of the maintenance under 170
this subsection, the court shall enter written findings of 171
fact and conclusions of law setting forth the grounds for 172
exceeding the limits set forth in this section in the order 173
establishing or modifying rehabilitative or durational 174
maintenance, specifically addressing subdivisions (1) to (4) 175
of this subsection. The court shall also incorporate as 176
part of any modifiable maintenance order entered under this 177
chapter a specific order that the party receiving 178
maintenance has an affirmative duty to make reasonable and 179
continuing efforts to establish the capacity for self- 180
support and to become self-supporting, and the failure to do 181
so may be relied upon by the court as grounds for a 182
modification or termination of maintenance in any future 183
proceeding unless the physical or mental condition of the 184
party seeking maintenance or the application of subsection 185
11 or 12 of this section makes the inclusion of such a 186
provision in the order unreasonable or inappropriate. 187
11. Nothing in this section shall be construed to 188
prohibit parties from reaching an agreement, submitted in 189
writing to the court, regarding the type or duration of 190
modifiable or nonmodifiable maintenance, regardless of 191
whether the duration of maintenance in such agreement 192
exceeds the limits described in this section. 193
12. For purposes of modification of prior orders 194
establishing maintenance, the standards set forth in this 195
section shall be applicable to all initial actions and 196
modifications decided on or after August 28, 2026. 197
Notwithstanding provisions to the contrary contained in this 198
section or section 452.370, either party to any maintenance 199
order entered prior to August 28, 2026, may file a 200
modification under section 452.370 seeking to classify 201
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maintenance being paid under an existing maintenance order 202
as bridge, rehabilitative, or durational or to shorten or 203
lengthen the term of maintenance being paid under any such 204
order, provided that the time limits, public policy 205
statements, and other provisions of this section and section 206
452.370 shall control in all such actions initiated under 207
those sections, including, without limitation, the 208
durational limits on maintenance specified in this section. 209
The courts shall have the latitude to give credit for 210
maintenance paid under an existing order toward any modified 211
maintenance term entered as part of a modification order. 212
There shall be a presumption in favor of modifying existing 213
maintenance orders to bring such orders into conformity with 214
the provisions of this section and section 452.370, 215
including the public policy set forth in such sections. 216
452.370. 1. Except as otherwise provided in 1
subsection 6 of section 452.325, and in accordance with the 2
provisions of section 452.335, the provisions of any 3
judgment respecting maintenance or support may be modified 4
only upon a showing of [changed circumstances so] 5
substantial and continuing [as to make the terms 6
unreasonable] changed circumstances. In a proceeding for 7
modification of any child support or maintenance judgment, 8
the court, in determining whether or not [a] substantial 9
[change in] and continuing changed circumstances [has] have 10
occurred, shall consider all financial resources of both 11
parties, including the extent to which the reasonable 12
expenses of either party are, or should be, shared by a 13
spouse or other person with whom he or she cohabits, and the 14
earning capacity of a party who is not employed. If the 15
application of the child support guidelines and criteria set 16
forth in section 452.340 and applicable supreme court rules 17
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to the financial circumstances of the parties would result 18
in a change of child support from the existing amount by 19
twenty percent or more, a prima facie showing has been made 20
of [a change of circumstances so] substantial and continuing 21
[as to make the present terms unreasonable] changed 22
circumstances, if the existing amount was based upon the 23
presumed amount pursuant to the child support guidelines. 24
2. When the party seeking modification has met the 25
burden of proof set forth in subsection 1 of this section, 26
the child support shall be determined in conformity with 27
criteria set forth in section 452.340 and applicable supreme 28
court rules. 29
3. Unless otherwise agreed in writing or expressly 30
provided in the judgment, the obligation to pay future 31
statutory maintenance is terminated upon the death of either 32
party or the remarriage of the party receiving maintenance. 33
4. Unless otherwise agreed in writing or expressly 34
provided in the judgment, provisions for the support of a 35
child are terminated by emancipation of the child. The 36
parent entitled to receive child support shall have the duty 37
to notify the parent obligated to pay support of the child's 38
emancipation and failing to do so, the parent entitled to 39
receive child support shall be liable to the parent 40
obligated to pay support for child support paid following 41
emancipation of a minor child, plus interest. 42
5. If a parent has made an assignment of support 43
rights to the family support division on behalf of the state 44
as a condition of eligibility for benefits pursuant to the 45
Temporary Assistance for Needy Families program and either 46
party initiates a motion to modify the support obligation by 47
reducing it, the state of Missouri shall be named as a party 48
to the proceeding. The state shall be served with a copy of 49
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the motion by sending it by certified mail to the director 50
of the family support division. 51
6. The court shall have continuing personal 52
jurisdiction over both the obligee and the obligor of a 53
court order for child support or maintenance for the purpose 54
of modifying such order. Both obligee and obligor shall 55
notify, in writing, the clerk of the court in which the 56
support or maintenance order was entered of any change of 57
mailing address. If personal service of the motion cannot 58
be had in this state, the motion to modify and notice of 59
hearing shall be served outside the state as provided by 60
supreme court rule 54.14. The order may be modified only as 61
to support or maintenance installments which accrued 62
subsequent to the date of personal service. For the purpose 63
of 42 U.S.C. Section 666(a)(9)(C), the circuit clerk shall 64
be considered the appropriate agent to receive notice of the 65
motion to modify for the obligee or the obligor, but only in 66
those instances in which personal service could not be had 67
in this state. 68
7. If a responsive pleading raising the issues of 69
custody or visitation is filed in response to a motion to 70
modify child support filed at the request of the family 71
support division by a prosecuting attorney or circuit 72
attorney or an attorney under contract with the division, 73
such responsive pleading shall be severed upon request. 74
8. Notwithstanding any provision of this section which 75
requires a showing of substantial and continuing [change in] 76
changed circumstances, in a IV-D case filed pursuant to this 77
section by the family support division as provided in 78
section 454.400, the court shall modify a support order in 79
accordance with the guidelines and criteria set forth in 80
supreme court rule 88.01 and any regulations thereunder if 81
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the amount in the current order differs from the amount 82
which would be ordered in accordance with such guidelines or 83
regulations. 84
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