SB 1049 — spousal maintenance; income; property

House Engrossed Senate BillEngrossed spousal maintenance;

termination of spousal maintenance;

factors;

-1. 1 - S.B.

1049 1.

2.- 1 - S.B.

1049 2.

UNLESS THERE IS A WRITTEN AGREEMENT BETWEEN THE PARTIES THAT PROVIDES OTHERWISE, THE COURT SHALL TERMINATE SPOUSAL MAINTENANCE IF ANY OF THE FOLLOWING OCCURS:

1.

THE SPOUSE WHO IS RECEIVING SPOUSAL MAINTENANCE REMARRIES.

- 2 - S.B.

1049 2.

THE COURT FINDS BY A PREPONDERANCE OF THE EVIDENCE THAT THE SPOUSE WHO IS RECEIVING SPOUSAL MAINTENANCE HAS HABITUALLY COHABITATED FOR ONE YEAR OR MORE WITH ANOTHER INDIVIDUAL IN A RELATIONSHIP THAT IS ANALOGOUS TO A MARRIAGE.

3.

THE COURT FINDS BY A PREPONDERANCE OF THE EVIDENCE THAT THE SPOUSE WHO IS RECEIVING SPOUSAL MAINTENANCE HAD HABITUALLY COHABITATED WITH ANOTHER INDIVIDUAL IN A RELATIONSHIP ANALOGOUS TO A MARRIAGE AND FAILED TO DISCLOSE THE COHABITATION DURING THE DISSOLUTION OF MARRIAGE OR LEGAL SEPARATION PROCEEDING THAT RESULTED IN AN AWARD OF SPOUSAL MAINTENANCE.

F.

IF THE COURT TERMINATES AN AWARD OF SPOUSAL MAINTENANCE PURSUANT TO SUBSECTION E OF THIS SECTION, THE SPOUSE WHO IS PAYING THE SPOUSAL MAINTENANCE IS ENTITLED TO REIMBURSEMENT FOR ANY SPOUSAL MAINTENANCE THAT WAS PAID BEGINNING ON THE DATE THAT THE SPOUSE WHO IS RECEIVING SPOUSAL MAINTENANCE REMARRIED OR BEGAN HABITUALLY COHABITATING WITH ANOTHER INDIVIDUAL IN A RELATIONSHIP ANALOGOUS TO A MARRIAGE.

THE COURT SHALL ENTER AN AWARD OF PARTIAL OR FULL REIMBURSEMENT TO THE SPOUSE WHO IS PAYING SPOUSAL MAINTENANCE.

G.

THE COURT MAY CONSIDER ALL OF THE FOLLOWING FACTORS WHEN DETERMINING WHETHER THE SPOUSE WHO IS RECEIVING SPOUSAL MAINTENANCE HAS HABITUALLY COHABITATED WITH ANOTHER INDIVIDUAL IN A RELATIONSHIP THAT IS ANALOGOUS TO A MARRIAGE:

1.

AN ORAL OR WRITTEN STATEMENT OR REPRESENTATION THAT IS MADE TO A THIRD PARTY REGARDING THE COHABITATING RELATIONSHIP.

2.

THE ECONOMIC DEPENDENCE OF THE COUPLE WHO ARE COHABITATING OR THE ECONOMIC DEPENDENCE OF ONE PERSON ON THE OTHER.

3.

THE CONDUCT OR COLLABORATIVE ROLES OF THE COUPLE WHO ARE COHABITATING IN FURTHERANCE OF THE COUPLE'S LIFE TOGETHER.

4.

THE BENEFIT OF THE RELATIONSHIP ON THE LIFE OF ONE OR BOTH OF THE PEOPLE WHO ARE COHABITATING.

5.

THE COMMUNITY REPUTATION OF THE COUPLE WHO ARE COHABITATING.

6.

ANY OTHER FACTOR THAT THE COURT FINDS RELEVANT AND MATERIAL.

H.

A SPOUSE MAY PETITION FOR TERMINATION OF AN AWARD OF SPOUSAL MAINTENANCE PURSUANT TO THIS SECTION AT ANY TIME.

THIS SECTION APPLIES TO ALL PROCEEDINGS RELATING TO SPOUSAL MAINTENANCE, REGARDLESS OF ANY OF THE FOLLOWING:

1.

THE DATE OF THE FILING OF A PETITION FOR DISSOLUTION OF MARRIAGE OR LEGAL SEPARATION THAT RESULTED IN AN AWARD OF SPOUSAL MAINTENANCE.

2.

THE DATE OF ENTRY OF AN AWARD OF SPOUSAL MAINTENANCE.

3.