FAMILY LAW DIVORCE AND DISSOLUTION ALIMONY, MAINTENANCE, AND OTHER SPOUSAL SUPPORT (STATUTES) Thomson Reuters/West August 2010

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1 FAMILY LAW DIVORCE AND DISSOLUTION ALIMONY, MAINTENANCE, AND OTHER SPOUSAL SUPPORT (STATUTES) Thomson Reuters/West August 2010 All states and jurisdictions have enacted statutes regarding the provision of alimony, spousal and/or spousal to qualified parties in divorce and dissolution proceedings. The statutes in the following table address various areas, such as: the factors courts should use in determining levels of spousal, under what conditions spousal should be modified or terminated by the courts, and what provisions courts should make for temporary when a divorce or dissolution action is still pending. Each jurisdiction also has adopted the Uniform Interstate Family Support Act and has enacted statutes providing for the coordination of spousal orders and collection among states and jurisdictions. These statutes, as well as some statutes pertaining to state enforcement agencies and central registries for the collection of child and spousal are contained within this table. This table does not contain statutes dealing with details such as how spousal orders affect a particular industry or occupation s retirement planning system. It does not contain statutes dealing solely with child orders; however many of the statutes in this table contain information relating to both spousal and child. Table 1:, Maintenance, and other Spousal Support

2 State Alabama Alaska Arizona What is the Primary Term Utilized for Spousal Support? AL ST ; AK ST Spousal AZ ST Can Spousal Support be the Subject of a Premarital Agreement? Is Spousal Support Available while the Court Action is Pending? Pending an action for divorce, the court may make an allowance for the of either spouse out of the estate of the other spouse AL ST During pendency of the action, court may award reasonable spousal, including medical expenses the court AK ST The court may enter temporary orders for spousal at any time after a petition for legal separation or a petition for dissolution has been filed What Effect does Remarriage or Cohabitation of Spouse Receiving Support have? is terminated upon showing that spouse has remarried or is living openly or cohabiting with a member of the opposite sex AL ST may be set aside, altered, or modified AK ST Maintenance may be modified AZ ST

3 Arkansas California Colorado Connecticut AR ST Spousal CA FAM 4330 Spousal CO ST CT ST 46b-82 Parties may contract on any matter, including personal rights and obligations, not in violation of public policy or a criminal statute AR ST Premarital agreements may alter property rights CA FAM 1500 Yes CT ST 46b-36d AZ ST Court may award spousal during proceeding/during separation period AR ST Order may be made retroactive to date of filing CA FAM 4333 Yes, but temporary awards cannot be used in determining permanent awards CO ST Prejudgment remedies are available CT ST 46b-80 and pendente lite may be awarded to either of the parties from the date of ceases upon remarriage of person awarded alimony AR ST Except as otherwise agreed by the parties in writing, the obligation of a party under an order for the of the other party terminates upon the remarriage of the other party CA FAM 4337 Remarriage of receiving party terminates obligation to pay future CO ST Court may suspend, reduce, or terminate alimony if receiving party is living with another person CT ST 46b-86

4 Delaware District of Columbia Florida DE ST TI DC CODE FL ST the modification or or alimony DE ST TI the modification or or domestic partner DC CODE Parties may contract to establish, modify, waive, or eliminate spousal the filing of an application therefor with the Superior Court CT ST 46b-83 Court may award interim alimony to a dependent party during the pendency of an action for divorce or annulment DE ST TI During the pendency of an action for divorce or the termination of a domestic partnership the court may require the spouse or domestic partner to pay pendente lite alimony to the other spouse or domestic partner DC CODE Court can award alimony pendente lite, as well as suit money FL ST Unless otherwise agreed by the parties in writing and expressly provided in the decree, the obligation to pay future alimony is terminated upon the remarriage of the party receiving alimony DE ST TI Court retains jurisdiction to modify or terminate judgment, decree, or order DC CODE An existing award of alimony can be reduced or terminated if there is a ive

5 Georgia Hawaii GA ST ; HI ST FL ST Parties may contract to make adequate provision for and consistent with means and circumstances, and such agreement shall be a bar to permanent alimony GA ST the modification or HI ST 572D-3 Court shall grant temporary alimony, including expenses of litigation, as the condition of the parties and the facts of the case may justify GA ST After the filing of a complaint for divorce or separation the court may make orders relative to the of either spouse HI ST relationship between an obligee and a person who is not related by consanguinity or affinity and with whom the obligee resides FL ST Obligations for permanent alimony shall terminate upon remarriage of the party to whom the obligations are owed unless otherwise provided GA ST Voluntary cohabitation of such former spouse with a third party in a meretricious relationship shall also be grounds to modify permanent alimony GA ST All rights to receive shall terminate after remarriage, unless the final decree or order, or an agreement of the parties approved by

6 Idaho Illinois Indiana Iowa Maintenance ID ST Maintenance IL ST CH 750 5/504 Maintenance IN ST Spousal IA ST A contract with respect to the modification or ID ST ID ST the modification or IL ST CH /4 Parties may contract with regard to the modification or IN ST Right of spouse to shall not be altered by premarital agreement IA ST While an action for divorce is pending, the court may order the payment of temporary to either spouse ID ST Yes IL ST CH 750 5/501 IL ST CH 750 5/504 In an action for dissolution of marriage or legal separation either party may file a motion for temporary IN ST Court may order temporary IA ST the final decree or order, provides specifically for the payments to continue after such remarriage HI ST Substantial and material change of circumstances may lead to modification of decree ID ST Court may modify order based on change in circumstances IL ST CH 750 5/510 Change in circumstances may result in modification or revocation of order IN ST The court may modify spousal orders upon remarriage IA ST C

7 Kansas Kentucky Louisiana Maine Maryland Spousal KS ST 23-9,101 KS ST 23-9,401 Maintenance KY ST Spousal LA R.S. 9:302 Spousal ME ST T. 19-A 951- A MD FAM all of the following the modification or KS ST Spouses are free to establish by matrimonial agreement a regime of separation of property or modify the legal regime as provided by law LA C.C. Art the modification or ME ST T. 19-A 604 Husband and wife may make agreement that relates to alimony,, property During the pendency of the action prior to final judgment the judge assigned to hear the action may make orders for spousal KS ST In a proceeding for dissolution of marriage or for legal separation the court may order temporary KY ST Court may award interim spousal until a final judgment is made in the action LA R.S. 9:321 Pending a divorce action, the court may make reasonable provision for either spouse's separate ME ST T. 19-A 904 In a proceeding for divorce, alimony, or annulment of marriage, the court Order for includes order which provides for modifications KS ST 23-4,106 KS ST 23-9,206 Obligation to pay is terminated upon remarriage of receiving party KY ST Material change in circumstances may warrant modification in LA R.S. 9:311 Spousal may be modified ME ST T. 19-A 951- A Amount of alimony may be modified as circumstances and justice require

8 Massachusetts Michigan Minnesota MA ST MI ST Spousal MN ST rights, or personal rights MD FAMILY Parties may enter into antenuptial settlement MA ST Parties may preclude or limit modification of through stipulation in private agreement MN ST may award alimony pendente lite to either party MD FAM The court may order alimony upon filing of complaint MA ST Separate may be ordered MI ST Pending final disposition of the proceeding, the court can make a temporary order for spousal MN ST MD FAMILY MD FAMILY Unless parties agree otherwise, alimony may be terminated upon marriage of recipient MD FAMILY may be revised MA ST An award of alimony may be terminated by the court as of the date the party receiving alimony remarries unless a contrary agreement is specifically stated in the judgment of divorce MI ST Court may relieve party of judgment, decree, or order if equitable MN ST Mississippi Maintenance or The chancellor in Court may change

9 Missouri Montana Nebraska Nevada alimony MS ST ; MO ST MO ST MO ST Maintenance MT ST ; Spousal NE ST NE ST Maintenance NV ST Marriage contracts must be in writing MO ST Separation agreements are authorized MO ST the modification or MT ST Parties may contract to modify or eliminate spousal NE ST the modification or elimination of alimony or or vacation may, upon reasonable notice, hear complaints for temporary alimony MS ST In a dissolution or legal separation or in a proceeding either party may move for temporary MT ST Court may order temporary and NE ST NE ST The court may require either party to provide temporary for the other party NV ST decree or make new decrees as case requires MS ST The remarriage of the former spouse shall relieve the spouse obligated to pay from further payment of alimony to the former spouse MO ST MO ST Court may modify decree upon showing of changed circumstances so substantial and continuing as to make terms unconscionable MT ST Order for alimony may be modified or revoked for good cause NE ST In the event of the subsequent remarriage of the spouse to whom specified periodic payments were to be made, all the

10 of a spouse NV ST 123A.050 payments required by the decree must cease, unless it was otherwise ordered by the court NV ST New Hampshire NH ST 458:19 Antenuptial agreements are allowed NH ST 460:2-a After the filing of a petition for divorce, annulment, separation or a decree of nullity, the court may order a spouse to pay a temporary allowance for the of the other NH ST 458:16 Pending any matrimonial action or action for dissolution of a civil union the court may make an order as to the alimony or of the parties NJ ST 2A:34-23 Court may change, modify, or revoke its orders and decrees from time to time NV ST Court may modify or revise orders and decrees NH ST 458:32 New Jersey or NJ ST 2A:34-23 Parties may contract for modification or elimination of NJ ST 37:2-34 If a former spouse remarries or a former partner enters into a new civil union, Law on spousal apply to persons in civil unions NJ ST 37:1-31 permanent and limited duration alimony shall terminate as of the date of remarriage or new civil union NJ ST 2A:34-25 New Mexico Spousal Parties may not In any proceeding for Court may modify

11 New York North Carolina North Dakota NM ST ; ; spousal NY DOM REL 236 Spousal NC ST A Spousal ND ST contract to adversely affect right of spouse to NM ST 40-3A-4 Parties may agree to amount and duration of, subject to general obligations law and provided terms are fair and reasonable at time of agreement and not unconscionable at time of judgment NY DOM REL 236 A premarital agreement can modify or eliminate spousal NC ST 52B-4 the modification or ND ST the dissolution of marriage the court may make orders for the of either party during the pendency of the proceeding NM ST The court may make an order for temporary spousal pending a final determination NY FAM CT 434-a Either party may move for postseparation NC ST A Party may apply for temporary ND ST order when circumstances render change proper NM ST Court shall annul provisions of of wife upon proof of marriage of wife NY DOM REL 248 Support or alimony terminates upon remarriage or cohabitation of recipient NC ST Court may modify spousal orders ND ST

12 Ohio Oklahoma Oregon Pennsylvania Spousal OH ST OK ST T Spousal OR ST Pa.C.S.A Husband and wife may agree to provisions for of either of them OH ST The court shall, subject to a valid antenuptial contract in writing, make such division between the parties as may appear just and reasonable OK ST T contract with respect to the modification or OR ST Premarital agreements are allowed During the pendency of any divorce, or legal separation proceeding, the court may award reasonable temporary spousal to either party OH ST After a petition has been filed in an action for dissolution of marriage or legal separation either party may request the court to issue a temporary order regarding spousal OK ST T Court may order temporary Decree may be modified OH ST The voluntary cohabitation of a former spouse with a member of the opposite sex shall be a ground to modify provisions of a final judgment or order for alimony OK ST T Spousal may be amended if circumstances change substantially OR ST Decree may be amended if after 10 years of payments, receiving spouse has not made reasonable efforts during that time OR ST Court may modify order upon substantial

13 Rhode Island South Carolina South Dakota Tennessee RI ST SC ST Allowance for SD ST TN ST Pa.C.S.A granted to a spouse during the pendency of a divorce or annulment proceeding 23 Pa.C.S.A contract with respect to the modification or RI ST Parties may contract regarding for either during separation SD ST Parties may enter into antenuptial or Court may make interlocutory decrees RI ST Court may make pendente lite orders for alimony SC ST SC ST While an action for divorce is pending, the court may in its discretion require one spouse to pay as alimony any money necessary to the other spouse or the children of the parties, or to prosecute or defend the action SD ST and continuing changed circumstances 23 Pa.C.S.A Upon remarriage of recipient, alimony terminates RI ST At court s discretion, alimony terminates upon the remarriage or continued cohabitation of the ed spouse SC ST Court may modify orders SD ST An award may be modified

14 Texas Utah Vermont Virginia Maintenance TX FAMILY TX FAMILY UT ST VT ST T Spousal VA ST prenuptial agreement TN ST The parties to a premarital agreement may contract with respect to the modification or TX FAMILY contract with respect to the modification or UT ST spousal VA ST The court may order a party to provide money, during the pendency of the action, for the separate and of the other party UT ST Parties may apply for temporary relief VT ST T a The court may enter orders in pendente lite proceedings, provided such proceedings are not ex parte VA ST TN ST Remarriage of oblige terminates future TX FAMILY terminates upon remarriage of recipient UT ST If spouse receiving has been habitually cohabiting with another person in a relationship analogous to a marriage for one year or more, the court shall terminate spousal and unless otherwise provided by

15 stipulation or contract VA ST Washington West Virginia Spousal WA ST Spousal WV ST Prenuptial agreements are allowed WA ST Antenuptial or prenuptial agreements are allowed WV ST Either party may move for temporary WA ST During the pendency of an action for divorce, the court may require either party to pay temporary spousal in the form of periodic installments, or a lump sum, or both If any former spouse to whom and has been awarded shall thereafter marry, such and shall cease as of the date of such marriage VA ST Decree may be modified upon showing of substantial change in circumstances; obligation to pay terminates upon remarriage of recipient or registration of a new domestic partnership of the party receiving WA ST An award of spousal may be reduced or terminated upon remarriage or a de facto marriage of the spousal payee WV ST

16 Wisconsin Wyoming United States Guam Puerto Rico Spousal WI ST Maintenance WI ST Support WY ST Spousal 42 U.S.C.A. 654 Spousal 5 G.C.A G.C.A L.P.R.A. 385 In a marital property agreement spouses may agree to modification or WI ST WV ST Maintenance may be ordered upon separation WI ST In every action brought for divorce, the court may require either party to pay any necessary sum of during its pendency WY ST Prenuptial agreements mentioned 31 L.P.R.A. 343 may be ordered during pendency of action 19 G.C.A Spouse may move for payments during proceedings 31 L.P.R.A. 343 Remarriage vacates order requiring payments WI ST may be revised WY ST Orders may be revoked, altered, or varied by court 19 G.C.A shall be revoked through judicial decision if the divorced spouse entitled to such alimony contracts a new marriage or lives in public concubinage 31 L.P.R.A. 385 Virgin Islands Spousal Interlocutory orders for Orders may be

17 16 V.I.C V.I.C. 109 payments after commencement of action 16 V.I.C. 108 modified 16 V.I.C. 110