Filing for Maintenance (alimony) in Missouri
Maintenance, also known as alimony or spousal support, can be one of the most contentious aspects of a divorce. Whether you are seeking support or being asked to pay, we are here to provide aggressive and effective representation to protect your financial future. We understand that every case is unique, and we are committed to ensuring a fair outcome tailored to your circumstances. Unlike child support, maintenance is not determined by rigid guidelines. Instead, Missouri courts have wide discretion to award maintenance based on a variety of factors, including:
The Financial Resources of Each Party: The court will consider each spouse’s income, property, and ability to meet their own reasonable needs.
The Standard of Living Established During the Marriage: The goal of maintenance is to help a party maintain a standard of living similar to what they experienced during the marriage.
Duration of the Marriage: Longer marriages are more likely to result in maintenance awards, especially if one spouse sacrificed career opportunities to support the family.
The Earning Capacity of Each Party: Courts consider each spouse’s education, job skills, and employment opportunities when determining the need for maintenance.
The Age and Health of Both Spouses: A spouse’s physical or mental health can impact their ability to work and their need for financial support.
Contributions to the Marriage: This includes not only financial contributions but also non-economic contributions, such as raising children or supporting the other spouse’s career.
MAINTENANCE LAW
FAQ
Can spousal support orders be changed?
Yes. If there is a substantial change in circumstances, such as job loss, retirement, or health issues, you may request a modification of the maintenance order.
How is spousal support determined in Missouri?
The court considers factors such as the length of the marriage, each spouse’s financial situation, and their ability to meet their needs. Unlike child support, there are no strict guidelines, giving judges broad discretion.
What if I waived maintenance during the divorce? Can I ask for it later?
No. If you waived your right to maintenance during the divorce, it is not possible to request it later. Waivers of maintenance are considered final and binding.
What happens if my ex-spouse refuses to pay maintenance?
If your former spouse fails to meet their maintenance obligations as ordered by the Court, you can take legal action to enforce the Judgment/order. This is called a Motion for Contempt and may include orders by the court to wage garnish, liens on property, or award or attorneys fees.
Can I ask for my spouse to pay my attorney fees?
Yes, in Missouri, it is possible to request that the opposing party pay your attorney fees. This request is typically made through a Motion filed with the court or a request during trial. It is up to the judge to decide whether to grant the request based on the circumstances of the case. However, in Missouri, we operate under what is called the “American Rule”, which states that both parties are presumed to pay their own attorney fees. The presumption can make it difficult to get the other side to pay your attorney’s fees.
ALL FAMILY LAW
Practices Areas
Free Consultation
Ready to discuss your case?