- September 21, 2024
- Kelvin Birk
- Divorce
Divorce brings a change in the financial circumstances and needs of both spouses, and in many situations, one spouse is not able to make it on their own. If this is the case, that spouse may be eligible for spousal support, also known as spousal maintenance or alimony, from their ex.
Spousal support is a monthly payment issued from one spouse to the other after the marriage dissolves. Whether or not a spouse qualifies for alimony and the amount and duration of the support is determined by the court and based on a number of factors. This determination will affect you for years into the future, so it’s a good idea to seek the help of an experienced family law attorney to fight for the best spousal support situation possible.
Understanding Spousal Support Laws in Missouri
Once upon a time, when women commonly stayed at home and took care of the household and children and men went out to work and supported the family, spousal support was set up so that the husband would pay alimony to the wife, and this could last a lifetime. This has changed now that women often go to work even after having children; the wife may earn more than the husband; or the husband may be the one staying home with the children. Sometimes one spouse works to put the other spouse through school so that education will result in a high-paying job in the future, only to be faced with divorce when the spouse finally graduates.
Regardless of sex, the purpose of spousal support is to help the low-earning spouse get back on their feet after divorce or be able to have the standard of living they were accustomed to during the marriage. Since Missouri has no established guidelines on spousal support, the court can order multiple options for support, depending on the situation.
Types of Spousal Support (Maintenance) in Missouri
The types of spousal support Missouri courts may order include:
- Temporary support during divorce proceedings
- Short-term/rehabilitative support
- Long-term/permanent support.
Permanent support is sometimes appropriate, but shorter, fixed duration support is possible for situations where the spouse receiving maintenance can become self-sufficient after a period of receiving help. Examples include situations where a stay-at-home parent whose role was primarily tending to the kids receives support until their children graduate high school or college, or where a spouse with no career completes an educational program that allows them to earn enough to maintain their lifestyle.
Eligibility and Qualifications for Spousal Support in Missouri
According to Missouri spousal support law (revised statute §452.335), divorcing spouses can qualify for spousal support if they:
- Lack sufficient property and resources to cover reasonable needs
- Cannot self-support through regular employment or are the custodian of a child whose condition or circumstances make it appropriate not to seek employment outside the home.
Divorcing spouses who feel they are eligible for support generally must file a spousal support claim with the court before a determination of eligibility and amount is made. Amounts of spousal maintenance and the length of time it will be provided is decided based on the court’s considering all relevant factors, including:
(1)The financial resources of the spouse seeking maintenance, including marital property awarded, and the ability to meet needs independently
(2)The time necessary to acquire sufficient education or training to enable appropriate employment
(3)The comparative earning capacity of each spouse
(4)The standard of living established during the marriage
(5)The obligations and assets of each party
(6)The duration of the marriage
(7)The age, and the physical and emotional condition of the spouse
(8)The ability of the better-off spouse to meet their own needs while meeting those of the spouse seeking maintenance
(9)The conduct of the parties during the marriage.
Since there is no Missouri formula to weigh these factors and come up with a figure for spousal support, and the court may consider additional factors unique to the specific case. The judge will consider the specific facts and circumstances of each case.
Modifying or Terminating Spousal Support (Maintenance) in Missouri
Circumstances change after a divorce, and in some situations, support orders can be modified based on the new circumstances. Original court orders for spousal maintenance can be issued as either modifiable or non-modifiable. If they are non-modifiable, they typically can be changed only if both parties agree to the modification, even if there has been a change in circumstances. If the order is modifiable, either spouse can go back to court to negotiate a new agreement and provide evidence that it should be changed because there has been a substantial change in circumstances of one or both parties. Modifications can be requested by a recipient who needs more money or by a payer who needs a reduction or elimination of support for reasons such as loss of a job, retirement, or an illness with major medical expenses.
The need for modifications must be proven by showing the existence of at least one of the following factors:
- The income of one or both parties has changed.
- The recipient spouse is financially stable.
- The recipient spouse has remarried.
If the spousal maintenance is nonmodifiable, the orders typically have a termination date or event, usually either remarriage or death. In either case, spousal support generally will be terminated if either spouse dies or the recipient spouse remarries. However, there have been some rare cases where the court has ordered that maintenance payments will continue even in the case of remarriage or the death of the paying spouse. For modifiable orders, the support may end if the paying spouse is successful in petitioning for termination.
Resources for Spousal Support Information
In Missouri, there are several resources that can help provide spousal support information:
- Local circuit court websites often have guides and information on spousal support.
- The Missouri Bar Association has a website that offers informational articles on custody, parenting plans, and spousal support laws in Missouri.
- The Missouri Department of Social Services provides resources like child support calculators and information on custody laws and procedures, which can be relevant to spousal support cases.
- Organizations like Legal Services of Missouri may offer free or low-cost legal advice and resources on family law topics, including spousal support, for low-income individuals.
- Your own family law attorney who knows your individual case and situation is your best resource for personalized help with spousal support and all other issues that arise in a divorce.
Get Help from Our Missouri Family Law Attorney
Don’t make mistakes with spousal support and other divorce issues that can drastically affect your future. Family law attorney Kelvin Birk provides compassionate and skilled knowledge and guidance for all divorce, child custody, and support issues you are faced with.
Kelvin has lived in Missouri most of his life and raised a family here, and he is a Certified Public Accountant as well as a lawyer. This combined expertise allows the Birk Law Firm to provide an extremely high level of service and counseling that addresses all your needs. Call today for a free consultation to see how we can help.
Get Help Now 573-332-8585
Attorney Kelvin Birk
Kelvin Birk is a lawyer as well as a certified public accountant, with more than 30 years of experience in accounting and tax and business consulting, and more than 20 years of experience in numerous legal matters. This combined expertise allows our law firm to provide a level of service above that of other firms. Whatever your legal situation, your attorney at Birk Law Firm can counsel you as to the tax implications. We have experience in providing myriad legal representation services to residents of southeast Missouri and other areas.. [ Attorney Bio ]
