Some of the main factors considered in divorces are the division of marital property, child custody, and child support. However, a less common factor you may need to be aware of is spousal maintenance, commonly referred to as alimony or spousal support.
Courts grant maintenance on a case-by-case basis, depending on the financial circumstances of the parties involved. And it only comes into play if one spouse requests it during the divorce. Understanding how Missouri handles maintenance, including how the court calculates the amount and duration, can help you prepare for what to expect during your divorce proceedings.
What Is Spousal Maintenance?
Maintenance is a court-ordered, regular payment from one party to the other after a divorce. The purpose of these payments is to assist the lower-earning or financially dependent spouse in maintaining a reasonable standard of living after the marriage ends.
No Set Formula in Missouri
Unlike child support, which uses a formula to determine payment amounts, maintenance in Missouri does not have a formula. Instead, the court looks at various factors outlined in the state’s law to determine whether to award spousal maintenance, how much the payments should be, and the payments’ duration.
Key Factors Considered by the Courts
Before awarding spousal maintenance, the court must determine whether the spouse requesting it actually needs the financial support and whether the other spouse has the financial means to pay it. If the requesting spouse meets both conditions, the court will evaluate the following key factors.
Financial Resources of the Parties
The court will examine both parties’ income, property, and ability to meet their needs. This provides a baseline for the support the receiving spouse needs and what the paying spouse can afford.
Earning Capacity and Employment History of the Parties
The court may consider the parties’ work history, education, skills, and the current job market to assess their future earning capacity.
Time Needed for Education or Training
If the spouse seeking maintenance requires additional education or job training to become self-sufficient, the court may award temporary maintenance until they receive it.
Standard of Living During the Marriage
Ideally, both parties will be able to maintain the standard of living they enjoyed during the marriage. The court will determine that standard and attempt to find a solution that brings both parties as close to it as possible.
Length of the Marriage
In general, the longer the marriage, the more likely it is for maintenance to be awarded. This is particularly true in cases where one spouse gave up career opportunities to support the household, such as to raise children.
Age and Health of the Parties
Physical and mental health conditions can affect the need or ability to pay for support. If one party has a disability, it may prevent them from working full-time, necessitating maintenance payments.
Conduct During the Marriage
Although Missouri is a no-fault divorce state, the court may look at misconduct by the parties during their marriage when determining maintenance payments.
Types of Maintenance in Missouri
There are several types of maintenance available in Missouri divorce cases. For example, maintenance can either be temporary or permanent. Temporary maintenance is far more common, with the court order setting the duration of the payments.
Maintenance can also be modifiable or unmodifiable. In most cases, maintenance orders are modifiable upon the petition of either party. However, the parties may agree to an unmodifiable order if they choose to do so.
Contact Our Missouri Family Law Attorneys
If you’re going through a divorce and either party is seeking maintenance, it’s essential to have a skilled attorney on your side to protect your best interests. Contact Grant, Miller & Smith, LLC, to speak with one of our family law attorneys about your case.