Report on proposed OCA legislation regarding the calculation of the spousal maintenance “cap” and duration of spousal maintenance orders in Family Court

SUMMARY

The Matrimonial Law Committee sent a letter to the Office of Court Administration to provide support for and comments on legislation proposed by the Family Court Advisory and Rules Committee. The proposal would allow Family Court magistrates, in cases pending before them, to limit the duration of spousal support. The Committee supports the legislation but recommends clarifying how duration should be determined in Family Court (using factors recently adopted by the legislature for divorce cases) and how a Family Court order of spousal support will affect any subsequent divorce action.