Missouri Spousal Maintenance

Going through a divorce is tough enough on its own, but the financial implications can make the emotional aftermath even worse. Having to deal with alimony payments on top of everything else can easily feel overwhelming. Alimony in Missouri, also known as spousal maintenance, is decided on a case-by-case basis. With so many variables involved, the stress regarding your future can be significant.

Representing yourself in a spousal maintenance in Missouri should not have to be done alone. A dedicated divorce attorney from Cordell & Cordell can help you prepare for your future. Take a closer look at the family court process in the state, and discover how you can prepare for your case and build a happy future after divorce.

A Basic Guide to Maintenance (Alimony) in Missouri

Spousal maintenance (formerly known as alimony) can be ordered by the trial court. The purpose of spousal maintenance is to help provide for the reasonable needs of a party whom the court determines cannot meet them on their own.

Missouri’s courts have wide discretion in determining whether or not spousal maintenance should be awarded and the amount and duration of maintenance. Maintenance is not an absolute right, and the party requesting maintenance must prove to the court that they need help to provide for their reasonable needs.

Missouri recognizes several types of alimony that may be applicable in any given case:

• Temporary alimony: This type of alimony is paid during the divorce process. It lasts until the divorce is finalized.
• Short-term alimony: The most common type of alimony, short-term alimony is meant to financially support a spouse until they can find their own employment. These payments typically cover the cost of living while the lower-earning spouse takes on education or training to improve their employment prospects.
• Permanent alimony: Permanent alimony is not really permanent per se. It is long-term alimony typically reserved for spouses ill-equipped to find work to support themselves due to illness or age. Note that permanent alimony does not necessarily mean the payments will be required forever. Certain events can terminate the need for payments.

When is Spousal Maintenance Awarded in Missouri?

Missouri courts look to Missouri revised statute §452.335 to determine spousal maintenance issues. Missouri Revised Statute §452.335 provides guidelines that determine whether spousal maintenance is awarded and how much.

The first step is to look at the qualifications. One may qualify for alimony if they meet both of the following standards:

• They lack sufficient property, including marital property, to provide for their reasonable needs.
• They are unable to support themselves through work or have a child under their guardianship with a condition that makes working outside the home impossible.

With these standards met, it’s up to the judge to decide how much maintenance should be awarded based on the spouse’s particular needs.

How Missouri Courts Calculate Spousal Maintenance Payments

Missouri courts are granted wide discretion in determining the amount of a spousal maintenance award. Determinations are based on a range of relevant factors, such as the following:

• The financial resources of the requesting spouse
• How well the paying spouse would be able to meet their own needs while also paying alimony
• The age of the requesting spouse along with their physical and emotional conditions
• How much time it would take for the requesting spouse to get the proper education or training to find appropriate employment for self-support
• The earning capacity of each spouse, along with their assets and obligations
• The standard of living experienced during the marriage
• The duration of the marriage
• How the spouses behaved during the marriage (Note that alimony is not meant to be punitive, so spousal conduct considerations are generally limited to conduct that directly impacted finances.)

Modifying Spousal Maintenance in Missouri

Modifying spousal maintenance orders in Missouri requires the claimant to demonstrate a substantial and continuing change in circumstances from the date of the original maintenance agreement. This can be expressed in a variety of ways.

If, for example, the original maintenance agreement stated that the payments would end once the receiving spouse obtained a full-time job, a modification can be justified if the receiving spouse did not make good-faith efforts to get that kind of employment.

Missouri Spousal Maintenance Enforcement

Missed maintenance payments may result in judgments against the payor spouse for each missed payment. These judgments may be enforced by the following:

• Garnishment of wages
• Seizure of bank accounts
• Seizure of real estate
• Seizure of other non-exempt property

Additionally, a party who fails to make spousal maintenance payments as ordered may be served by the opposing party with a motion for contempt. If the non-paying party is found to be in contempt of court, the non-paying spouse may be imprisoned until the party cures the contempt, fines, and/or attorney fees.

Why Missouri Men Choose Cordell & Cordell

Cordell & Cordell strives to give men and fathers in Missouri a voice in a court system that can be biased against them. Our skilled attorneys will work to protect your rights with the same dedication we would want if we found ourselves in a similar situation.

Take a look at what some of our previous clients had to say about our services and our communicative attorney-client relationship.

“​My attorney did a fantastic job, and twice now, this firm has helped me very much. My attorney a few years ago was also amazing. This firm has taken great care of me and is worth the money. Everything was exceptional.” — Christopher K.

“You all were wonderful to work with. I accomplished the intended goal and was pleased with the result.” — David C.

Helping You Maintain Your Balance

Cordell & Cordell aggressively approaches spousal maintenance issues by representing men and fathers. Our family law attorneys can lend their experience to your case, offering representation that lets you approach divorce and spousal support issues with confidence.

Contact us today to learn about your legal options. All consultations are confidential and we strive to provide direction for proper advocacy.