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» Alimony / Maintenance

Attorney fee expenses cannot be considered part of reasonable monthly expenses in maintenance modification

Recent case: Attorney fees are not a substantial and continuing change in circumstances that supports a modification of maintenance, especially when the fees are for the modification case. Husband appeals the judgment modifying the divorce decree inc… Read More

Inability to pay spousal maintenance (alimony) and declining health support modification of spousal support award in Missouri.

Recent case: JPD v. KMD Missouri Court of Appeals, Eastern District – ED99338   Husband appeals from the trial court’s Judgment denying his  motion to modify his maintenance obligation owed to his ex-wife. Husband argues there was a sub… Read More

Missouri Divorce FAQ: What is spousal maintenance (alimony), how is it calculated, and how long does it last in Missouri?

In a Missouri divorce case, one of the issues that the Court will have to decide is the payment of maintenance (alimony) to the former spouse.  Spousal maintenance payments are monthly payments made from one spouse to the other when one spouse c… Read More

Missouri Divorce FAQ: What is an Uncontested Divorce in Missouri?

An uncontested divorce in Missouri is a divorce where both the Husband and the Wife are in complete agreement with all terms of the divorce before the case is filed.  In almost all cases, if the case can be resolved as an uncontested matter, the… Read More

Court must consider division of marital property before ordering spousal maintenance (alimony); Factors that determine amount of spousal support.

In a recent ruling from the Court of Appeals, Husband appealed the trial Court’s decision granting maintenance to the Wife, claiming, among other things, that the Court did not consider the Wife’s award of marital property, and the abil… Read More

Courts Bulletin: Modifiable maintenance granted at divorce is terminated when all of the reasons it was awarded have changed.

An action to terminate modifiable maintenance was granted. The case is fact-specific, but deserves reporting simply because of the dearth of appellate cases in which modifiable maintenance is terminated. At the time of the parties’ divorce (da… Read More

Spousal Maintenance (Alimony) in Missouri: When Granted, Duration, Termination, Modifcation.

Spousal maintenance, formerly known as alimony, can be awarded to either spouse in Missouri divorces.  To support the award, the Court must find that the spouse seeking maintenance (1) lacks sufficient property, including marital properly awarde… Read More

When Attorney Fees Can Be Awarded in Divorce/Family Litigation

While Missouri courts normally follow the “American Rule” regarding legal fees – that each party is responsible for his or her own costs – Missouri dissolution of Marriage statutes give the court the discretion to order one pa… Read More

Missouri no fault divorce - what it does and does not mean

Similar to other states, Missouri is a modified no-fault divorce state. However, there is some misconception out there about what this actually means for divorcing parties in Missouri. Modified no-fault divorce means that a party does not h… Read More

Alimony payments terminate upon recipient's remarriage unless expressly agreed otherwise.

The Kansas Missouri Lawyers Blog had a great post recently discussing a recent Missouri ruling regarding the termination of maintenance (Alimony) payments when a former spouse remarries.  The complete article is as follows: The Missouri Court of… Read More

Mark A. Wortman

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Kansas City family law attorney Mark A. Wortman handles only divorce and family law matters, and practices only in the State of Missouri. Due to this specialty, Mark has handled thousands of Missouri divorce and family cases and has practiced extensi… Read More