Understanding Alimony in Missouri: How Spousal Maintenance is Determined

Alimony, also referred to as “maintenance,” can be critical to ensure a financially dependent spouse has the resources they need as they work to become self-sustaining after divorce. Significantly, there are a few different types of alimony in Missouri and it’s essential to distinguish between them. Whether you are the spouse paying or receiving alimony, it’s important to understand how maintenance is determined and how payments may be structured.

Key Takeaways

• Missouri law recognizes three types of alimony: Temporary (pendente lite) maintenance, rehabilitative maintenance, and permanent (indefinite) maintenance, each designed to address different financial circumstances during or after divorce.
• The goal of alimony is to ensure a financially dependent spouse has the financial support they need as they work to become self-sustaining, not to punish the paying spouse.
• Courts determine alimony based on a spouse’s financial need and the other spouse’s ability to pay. Judges evaluate factors like income potential and marriage duration, rather than use a mathematical formula.
• Alimony awards can be structured as modifiable or non-modifiable, and can be paid in periodic installments or as a one lump sum.
• Spouses can resolve alimony matters outside of court using alternative dispute resolution methods, but the final agreement must be submitted to a judge to become an enforceable court order.

Types of Spousal Maintenance in Missouri

Missouri law recognizes three different types of alimony, each designed to address different financial circumstances during and after a divorce. The purpose of alimony/spousal maintenance is not meant to punish the paying spouse, but to ensure that the recipient spouse has financial support to meet their reasonable needs. While alimony is not one-size-fits-all, a court will award different types of maintenance based on the unique facts of a case.

The types of alimony in Missouri that may be awarded during or after a divorce can include:

• Temporary maintenance: Also called “pendente lite maintenance,” this type of alimony is awarded while the divorce action is pending. It is meant to maintain the financial status quo before the final judgment is entered.
• Rehabilitative maintenance: This type of alimony provides financial assistance to a dependent spouse for a limited period of time as they gain education, re-enter the workforce, or acquire the skills necessary for employment.
• Permanent maintenance: Also known as “indefinite maintenance,” permanent alimony is typically awarded in long-term divorces or in cases where a spouse is unable to become self-supporting due to age, illness, or disability.

Additionally, alimony in Missouri can be structured in several different ways. If the court order specifies it is “modifiable,” an alimony award can be changed if there is a significant and continuing change in circumstances. Alimony can also be non-modifiable, which means the order cannot be changed in the future, regardless of any change in circumstances. Maintenance may be made in periodic installments or by one lump sum payment that satisfies the obligation. In situations where alimony payments are made in installments, a court may attach an income withholding order which deducts the payment directly from the paying spouse’s paycheck.

How Do Courts Determine Alimony in Missouri?

Alimony is not based on gender or marital fault. It is based on a spouse’s ability to pay, and the other spouse’s financial need. Courts in Missouri consider a variety of factors to determine whether a maintenance award is appropriate, how much alimony should be awarded, and the duration. In deciding alimony matters, a judge would evaluate the following factors under Missouri law:

• The requesting spouse’s financial resources
• Each spouse’s income potential and work history
• How long it would take for a spouse to become self-supporting
• The paying spouse’s financial capacity to provide support while meeting their own basic needs
• The duration of the marriage
• The age, health, and physical/mental condition of each spouse
• Whether a spouse dissipated marital assets on an affair or other wrongful conduct
• The allocation of marital property and debts during divorce

Importantly, there is no mathematical formula that courts utilize to determine the amount of alimony. Judges in Missouri have broad discretion when deciding how much maintenance to award and for how long. Evidence that judges often consider in making these determinations can include income documentation, each spouse’s budget, vocational evaluations, and expert testimony. While every case is different, a skilled divorce and family law attorney can help ensure the relevant factors are clearly and effectively presented to the court, whether you are seeking maintenance, contesting a request for alimony, or looking to modify payments.

Do Spouses Need to Go to Court to Determine Alimony/Spousal Support?

Alimony in Missouri doesn’t always need to be resolved in the courtroom. Spouses can determine these issues between themselves using mediation, negotiation, the collaborative process, or another form of alternative dispute resolution. These out-of-court processes allow the parties to enter into an agreement that works for both of them and takes their individual needs into consideration. Spouses can often find creative solutions using these methods that may not be available in the courtroom.

Notably, court involvement is still required to ensure an alimony agreement is enforceable. Once a settlement has been reached, it must be submitted to the court to be reviewed by a judge. This ensures that the agreement is fair and consistent with the law. After the judge has signed the settlement, it becomes a court order that both parties must adhere to. If the obligor spouse fails to make the required payments, the recipient spouse can file a motion to enforce the agreement and hold the other party in contempt of court. Oral agreements concerning alimony are not binding and cannot be enforced in court.

Contact an Experienced Missouri Family Law Attorney

If you are facing an issue regarding alimony in Missouri, it’s vital to have a knowledgeable divorce and family law attorney by your side who can protect your rights. Divorce and family law attorney Mark A. Wortman is committed to providing reliable representation to clients in the greater Kansas City, Missouri area for a broad scope of divorce and family law matters. Schedule a confidential consultation to learn how he can help by contacting Mark online or by calling (816) 523-6100.