LD 2276
pg. 1
LD 2276 Title Page An Act to Revise the Spousal Support Statute Page 2 of 6
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LR 3375
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 19-A MRSA §851, sub-§9, ¶¶A and F, as enacted by PL 1997, c. 224,
§4 and affected by §5, are amended to read:

 
A. Order spousal support, which must be determined in
accordance with the factors set forth in section 951 951-A;

 
F. At any time, alter or amend an order for spousal support
or a specific sum when it appears that justice requires it,
except that a court may not increase the spousal support if
the original decree prohibits an increase. In making an
alteration or amendment, the court shall consider the
factors set forth in section 951 951-A; and

 
Sec. 2. 19-A MRSA §951, as amended by PL 1997, c. 629, §1, is
repealed.

 
Sec. 3. 19-A MRSA §951-A is enacted to read:

 
§951-A.__Spousal support

 
1.__Statement by court.__An order granting, denying or
modifying spousal support must state:

 
A.__The type or types of support, if support is awarded;

 
B.__The method or methods of payment, and the term and
limitations imposed, if support is awarded;

 
C.__If the support awarded is not, in whole or in part,
subject to future modification; and

 
D.__The factors relied upon by the court in arriving at its
decision to award or deny spousal support, if the proceeding
was contested.

 
2.__Types of spousal support.__The court may, after
consideration of all factors set forth in subsection 5, award or
modify spousal support for one or more of the following reasons.

 
A.__General support may be awarded to provide financial
assistance to a spouse with substantially less income
potential than the other spouse so that both spouses can
maintain a reasonable standard of living after the divorce.

 
(1)__There is a rebuttable presumption that general support may
not be awarded if the parties were married


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