Vote Smart's Synopsis:

Vote to pass a bill that allows judges to consider fault when awarding alimony.

Highlights:

• Defines "fault" as any action that affects the mental, physical, or emotional condition of a party being awarded alimony or the person ordered to pay alimony that reduces that party's ability to earn income at the party's full capability (Sec. 3).

• Defines "cohabit" as two non-related persons living together in a romantic relationship (Sec. 3).

• Authorizes the court, in any temporary orders or final decree of divorce, to order a party to pay alimony to the other party, taking into consideration the following factors (Sec. 1):
• The financial condition and needs of the recipient party;
• The recipient's earning capacity or ability to produce income;
• The ability of the payer party to provide support;
• The length of the marriage;
• Whether the recipient has custody of minor children requiring support;
• Whether the recipient worked in a business owned or operated by the payer;
• Whether the recipient directly contributed to any increase in the payer's skill by paying for education received by the payer or allowing the payer to attend school during the marriage; and
• Whether the recipient has stayed home to care for their minor children by joint agreement of the parties.

• Requires a party seeking alimony in an amount in excess of $1,000 per month for at least 60 months to submit a plan detailing a course of action the recipient will undertake in order to try to become more self-sufficient (Sec. 3).

• Terminates any order of the court that a party pay alimony to a former spouse if the party paying alimony establishes that the recipient is cohabiting with another person (Sec. 2).

Full Bill Text