Alimony is now called maintenance in Missouri. The court may grant a maintenance order to either spouse but only if the court finds that the spouse seeking maintenance:
1. Lacks sufficient property, including marital property apportioned to him/her, to provide for his/her reasonable needs; AND
2. Is unable to support himself/herself through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.
If a Missouri maintenance order is awarded, the order will extend for such period of time and for such amount as the court deems just after considering all relevant factors.
10 Missouri Maintenance Factors To Consider
Relevant Missouri maintenance factors that the court may consider include:
1) Financial resources of the party seeking maintenance;
2) Time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment;
3) Comparative earning capacity of each spouse;
4) Standard of living established during the marriage;
5) Obligations and assets, including the marital property apportioned to him/her and the separate property of each party;
6) Duration of the marriage;
7) Age, and physical and emotional condition of the spouse seeking maintenance;
8) Ability of the spouse from who maintenance is sought to meet his/her needs while meeting those of the spouse seeking maintenance;
9) Conduct of the parties during the marriage; and
10) Any other relevant factors.
Modification of Maintenance in Missouri
Also included in the maintenance order is whether the maintenance is modifiable or nonmodifiable. The court may also order maintenance in Missouri that includes a termination date.
If the court includes a termination date and it is modifiable, prior to the termination date, the court can decrease, increase, terminate, extend, or otherwise modify the prior order based upon a standard of a substantial and continuing change of circumstances.
When determining whether maintenance should be modified, the court must find a substantial and continuing change of circumstances sufficient to warrant a modification.
In determining whether a substantial change has occurred, the court shall consider all financial resources of both parties, including the extent to which the reasonable expenses of either party are, or should be, shared by a spouse or other person with whom he or she cohabits, and the earning capacity of a party who is not employed.
Unless expressly agreed in writing or unless the maintenance order includes a termination date, then the maintenance order will terminate on its own upon the death of either party or if the party receiving maintenance remarries.
Missouri Divorce Lawyer
The importance of having a Missouri divorce lawyer to handle a Missouri maintenance claim is vital to ensure your financial and family interests are protected.