Spousal support often plays a critical role in helping to ensure financial fairness after a marriage ends. When one spouse may experience a drastic shift in their standard of living post-divorce, the court may award spousal support to alleviate financial hardships.
However, divorcing couples should be aware that not every divorce leads to spousal maintenance. Missouri courts consider various factors before awarding it, as they aim to balance the needs of the spouse requesting support with the ability of the other to pay.
The financial needs and resources of both parties
A primary consideration is the post-divorce financial situation of both spouses. The court evaluates whether the spouse seeking support lacks sufficient income or assets to meet reasonable needs. This includes reviewing their earnings, savings, investments or any other resources. Additionally, the paying spouse’s ability to meet their own financial obligations while paying support is assessed to help ensure the support order is fair.
Length of the marriage
How long a couple was married significantly impacts the likelihood and amount of spousal support. Long-term marriages often lead to higher chances of an award because spouses have typically become more financially interdependent. In shorter marriages, it’s less likely that one spouse would have sacrificed career opportunities or become financially dependent on the other.
Standard of living during the marriage
Courts aim to prevent one spouse from struggling to keep up with the lifestyle established during the marriage. The judge examines the standard of living during the marriage and considers whether both spouses can maintain something close to that standard. Spousal maintenance may be approved if the requesting spouse is unlikely to reasonably do so on their own.
Contributions to the marriage
Non-economic contributions—such as being the primary caregiver for the kids or propelling the other spouse’s career—are also weighed. If one spouse put their career on hold to care for children or to support the other’s professional growth, the court may see spousal support as a fair way to acknowledge that sacrifice.
Whether seeking or opposing maintenance, understanding these factors can help divorcing couples better navigate the legal process and set realistic expectations for its outcome. Consulting with an experienced legal team can further clarify how these elements apply to a couple’s specific situation, helping to ensure that each spouse’s interests are well-represented.