Spousal Maintenance in Missouri

In Missouri, a divorcing party may ask the court for maintenance (aka “alimony”) in their petition for dissolution of marriage. Maintenance is awarded solely at the discretion of the judge, and the decision to award maintenance is based on several factors, including the comparative incomes and earning potentials of each spouse. Generally maintenance is awarded to a party when they are unable to financially support themselves following the divorce. Awards of maintenance are becoming less common because more women are in workforce creating two-income households. Since Missouri courts have wide discretion in determining the appropriateness of maintenance, it’s crucial to retain an experienced Cass County divorce attorney.

In general, maintenance is commonly awarded to older parties without solid earnings history or earning prospects. Usually maintenance is awarded only for the duration of time it takes the payee spouse to acquire the skills and education needed to support themselves. However, in cases of elderly divorcing spouses or those with medical conditions which prevent them from working, maintenance may be permanent until the spouse dies or is remarried.

Missouri courts will consider a multitude of factors when determining if, how much and for how long maintenance should be paid by one spouse to the other:

The age and needs of any young children who the payee spouse will be responsible for caring for.
The behavior of both parties during the marriage (ie. marital misconduct).
Both spouses comparative incomes or earning potentials.
Each spouses individual assets and liabilities.
The standard of living each spouse enjoyed during the duration of the marriage.
Any child support paid from the payor to the payee.
The duration of time the payee spouse needs to acquire the skills needed to support themselves through appropriate employment.
The ability of the payor spouse to support themselves.
The length of the marriage.
The age, and physical and mental health of the payee spouse.

Types of Maintenance in Missouri

In Missouri, there are several difference categories when it comes to the types of maintenance awards given my judges. Maintenance can be open-ended or of a specified duration. Open-ended maintenance awards are valid until the payee spouse remarries or dies. In contrast, a specified duration support is valid only for a limited period time.

Maintenance in Missouri can also be classified as modifiable or non-modifiable. These words speak for themselves, as the parties can petition the court for changes if the maintenance is modifiable, and no changes can be made to the order if it is non-modifiable.

If you have questions about maintenance in Missouri, please call us at (816) 287-1530 to schedule a consultation. At the Men’s Center for Domestic Resolution, we are here to protect men’s rights and men’s assets.