Spousal Maintenance Guidelines

Current law requires a party petitioning the court for dissolution of marriage or legal separation (petition) to disclose to the court the existence of any prior temporary or permanent restraining orders and civil protection orders, any mandatory restraining orders and protection orders, and any emergency protection orders entered against either party within 2 years prior to the filing of the petition. The bill requires the disclosure of any orders entered within 5 years prior to the filing of the petition.

When dividing marital property, the bill requires the court to consider as a relevant factor whether a mandatory protection order has been entered against a spouse within 5 years prior to the filing of the petition.

The bill prohibits the court from awarding spousal maintenance to a spouse who has had a mandatory protection order entered against them within 5 years prior to the filing of the petition.

If a mandatory protection order has been entered against a party within 5 years prior to the filing of the petition, the bill authorizes the court to order the restrained party to pay the other party's attorney fees or licensed legal paraprofessional fees from marital property. The non-restrained party must not be required to pay the restrained party's attorney fees or licensed legal paraprofessional fees from the non-restrained party's separate property.

If a mandatory protection order has been entered against a party within 5 years prior to the filing of the petition, the bill authorizes the other party to request the date of legal separation be the date the mandatory protection order was issued against the restrained party.

(Note: This summary applies to this bill as introduced.)