Alimony, spousal support or maintenance (as it’s known in Missouri) is a standard part of divorce that many couples who are separating may face. There are many facets that will determine whether or not a spouse will be granted spousal support in Springfield. Missouri currently does not have a set guideline to calculate the amount of maintenance that a spouse should receive or need to pay. For this reason and many more that will be discussed below, it is critical to your financial future that you discuss your case with an experienced family attorney in Springfield. Whether you are seeking spousal support or are being asked to provide spousal support, we can help.
Missouri Legal is here to provide you with sound legal advice during this potentially confusing and emotionally stressful time. Call our law office today to schedule a no-obligation consultation with a seasoned divorce attorney.
What is Spousal Support in Missouri?
At its core, alimony or spousal support in Missouri is a court-ordered provision of financial aid that one spouse may be required to pay the other spouse. The length of time and amount of spousal support that is required varies significantly from case to case. It is up to the judge presiding over the case to determine whether or not spousal maintenance should be granted. There are many factors that will influence the judge’s decision. First, it must be determined if the person seeking spousal support is eligible for it. If you believe that you are owed alimony in Springfield, Missouri Legal can help verify if you qualify.
Who is Eligible for Spousal Support?
According to Missouri Revised Statutes § 452.335, § 452.075, § 452.370, as outlined by this article from Findlaw, the following circumstances may grant you eligibility for spousal maintenance in divorce proceedings:
- The spouse who is seeking spousal support in Springfield lacks sufficient property, including marital property apportioned to his to provide for his needs reasonably.
- The spouse is unable to support himself through appropriate employment or is the custodian of a child whose circumstances and conditions make it suitable that the custodian of the child not be required to seek outside employment.
How is Spousal Support Determine?
If the spouse seeking alimony in Springfield, MO is eligible to receive support, the amount of support, and length of time that the support is given is determined by the following factors:
- The financial resources of the spouse seeking maintenance, including any property that was awarded during the divorce.
- How much time it will take for the parting seeking support to acquire either sufficient education or training in order to find appropriate employment.
- The comparative earning capacity of each spouse
- The standard of living established during the marriage
- The duration of the marriage
- The obligations and assets along with the separate property of each party
- The conduct of the parties during the marriage.
- The age, and the emotional and physical condition of the spouse seeking alimony.
- The ability of the spouse who may provide spousal maintenance to meet both his needs and also the needs of the spouse seeking support.
Once these facets of the marriage have been shown to the judge, he or she will then determine the length of the spousal maintenance in Springfield. From this point, the judge will also decide whether the order will be modifiable or nonmodifiable. Additionally, a family attorney may be able to help you find additional factors to aid in your case whether you are seeking spousal maintenance or if you are being asked for spousal support.
In addition to the amount and length of time of spousal maintenance, the judge will order that it be either modifiable or nonmodifiable. Just like it sounds, a modifiable order of spousal maintenance allows the spouses to go back to court to negotiate the terms of the support in the case of a substantial life change or change in circumstances.
If the spousal maintenance is a nonmodifiable order, the support will continue regardless of the circumstances. In these types of marital support cases, the orders typically have a termination date or event. Common events that would terminate a nonmodifiable spousal support order would be either remarriage or death.
Though rare, there have been cases where the court may order that maintenance payments will continue even in the case of remarriage or the death of the paying spouse, as this article from divorcenet.com states.
If you are currently undergoing the divorce process or if your spousal support has gone delinquent, call Missouri Legal today. We will provide you with sound legal advice that will help you through this difficult time. Whether you’re seeking alimony in Springfield or are being requested to provide spousal maintenance, we can help make sure that you are taken care of. Contact us to schedule your no-obligation consultation.