When same sex couples divorce in Missouri, the same laws apply to them as to opposite sex couples. However, the relative recency of the official recognition of same sex marriage in 2015 means some divorcing couples who were together prior to that year may face unique legal challenges that could complicate their divorce proceedings, including decisions concerning alimony. If you’re preparing to divorce, a Missouri divorce attorney with experience representing individuals going through same sex divorces can help you understand and protect your legal rights.
What Factors Do Missouri Courts Consider When Awarding Alimony?
Alimony is financial support that the court may order one spouse to pay the other after a divorce. Missouri law refers to it as “maintenance.” Its purpose is to help the receiving spouse meet their reasonable financial needs when they cannot do so independently.
Under Missouri law, a court may award maintenance only if it determines that the spouse seeking support lacks sufficient property to provide for their needs and cannot support themselves through appropriate employment. When determining the amount and duration of maintenance payments, the court considers a variety of factors, including the length of the marriage and each spouse’s:
- Financial resources
- Earning capacity
- Standard of living during the marriage
- Age
- Physical and emotional condition
- Conduct during the marriage
Unique Legal Factors That Could Affect Alimony in Same Sex Divorces
Many aspects of divorce for same sex couples follow the same rules as for opposite sex spouses, including the rules concerning alimony. However, because same sex marriage was not legally recognized in Missouri until 2015, some couples face challenges unique to their circumstances. One issue arises when the couple lived together for many years before marriage. Since the court can only consider the duration of a legal marriage, a long-term partnership that predates legalization may appear much shorter in the eyes of the law. This can affect how a judge views the length of the marriage and each spouse’s financial contributions over time.
Other legal complications can involve the division of assets or income earned before 2015. For example, if one partner supported the other during years when their relationship couldn’t be legally recognized as a marriage, the court’s alimony decision may not fully reflect that financial history. Additionally, same sex spouses who moved to Missouri from another state may encounter difficulties if their marriage was performed elsewhere before Missouri recognized such unions.
Because Missouri law grants judges broad discretion in determining maintenance, these factors can make alimony decisions less straightforward for same sex couples. Having careful documentation of your financial history and contributions before your marriage can be especially important in these cases.
The Importance of Legal Representation in Your Same Sex Divorce
Working with an experienced Missouri family law attorney can make a significant difference in protecting your rights during a same sex divorce. A lawyer who understands the unique factors that might enter into the picture in same sex divorces can help you present evidence of your financial history, including contributions made before the state legally recognized your marriage. They can also assist in identifying and valuing marital and nonmarital assets, negotiating fair support arrangements, and advocating for you in court if necessary.
Alimony awards are highly fact-specific and depend on judicial discretion. Having skilled legal guidance and advocacy can help you pursue a fair outcome that reflects your individual circumstances.
Contact a Missouri Same Sex Divorce Attorney To Discuss Your Case
If you’re in a same sex marriage and preparing to file for a divorce in Missouri, you need a lawyer with experience representing clients in same sex divorce cases. Contact Grant, Miller & Smith, LLC, today to discuss your case and learn more about your rights and options.