HF2895 Summary

• Courts must presume no maintenance for marriages under 5 years, transitional maintenance (up to one-half marriage length) for marriages of 5-20 years, and indefinite maintenance for marriages of 20+ years, all rebuttable based on factors in subdivisions 1-3.

• Maintenance terminates automatically upon death of either party or remarriage of the recipient unless otherwise agreed in writing or expressly provided in the decree.

• Courts may modify maintenance based on substantially increased or decreased income, substantially increased or decreased need, or substantial changes in tax law, and must apply maintenance factors at time of modification.

• Spousal maintenance may be modified due to cohabitation (with one-year waiting period after decree) or retirement, with courts considering good faith retirement, age at which full benefits are available, asset management, and financial resources.

• State court administrator must prepare and make available forms for motions to modify maintenance or for contempt, and law regarding modification applies similarly to both spousal maintenance and child support provisions.