AB 134

Under current law, in an action for divorce, annulment, or legal separation, a

court may order one party (payer) to pay maintenance (formerly known as alimony)

to the other party (payee) for a limited or indefinite length of time. Current law also

provides that, if a payee of maintenance remarries, the court must vacate the

maintenance order upon the application of the payer and proof of the payee's

remarriage.

This bill provides that, when a court orders maintenance or family support (a

combination of child support and maintenance), the court must include in the order

a requirement that the payee notify the court and the payer if the payee remarries.

Under the bill, a court must vacate a maintenance order upon notice from the payee

that he or she has remarried, in addition to vacating the order upon the application

of the payer and proof of the payee's remarriage. The bill also provides that, unless

already terminated for another reason, such as the payee's remarriage or the

expiration of a limited time under an order, maintenance terminates upon the death

of the payee or the payer, whichever occurs first. Under an Internal Revenue Service

rule, maintenance must end at the payee's death in order for the payer to be able to

deduct the payments from his or her gross income for income tax purposes.

This bill is explained in the

Notes

provided by the Joint Legislative Council in

the bill.