In August 2024, new and dramatic changes occurred within the realm of spousal maintenance in a divorce case. Unsurprisingly, this can be a very hotly and costly contested issue.
Within the new law, two major things change – the name of spousal maintenance (not something too dramatic) and the larger issue, presumptions were created wherein length of the marriage created presumptions for spousal maintenance if it was granted.
Changing the names of the two types of maintenance (temporary is now transitional and permanent is not indefinite) more accurately reflects the purposes of the types of maintenance. The larger change – the timing of presumptions – is much more dramatic.
The law now states:
- If the marriage length is than five (5) years: it is rebuttably presumed that no maintenance should be awarded;
- If the marriage length is between five (5) and twenty (20) years: it is rebuttably presumed that transitional maintenance should be awarded with a duration of no longer than one-half the length of the marriage, if the factors support the award of maintenance; and
- If the marriage length is greater than twenty (20) years: it is rebuttably presumed that indefinite maintenance should be awarded, if the factors support the award of maintenance.
These are very important distinctions that require nuances to navigate.
Contact Moody Family Law, PLLC today for a free 30 minute consultation to discuss your spousal maintenance and divorce related questions and issues.