When Missouri couples decide to part ways, one crucial aspect that may need addressing is spousal support, also known as maintenance or alimony. Spousal support is a financial arrangement designed to assist the lower-earning spouse in maintaining a standard of living reasonably comparable to that enjoyed during the marriage. This financial support can be temporary or permanent, depending on various circumstances. Different from child support, its primary purpose is to provide economic stability to the spouse who may be disadvantaged by the separation, ensuring a fair and equitable transition to post-marriage life.
Determining the right amount
Courts use a comprehensive set of factors to ensure that the support arrangement is fair and tailored to the specific circumstances of each couple. Here are some of the common considerations:
- Duration of the marriage: Longer marriages often result in higher or longer-term maintenance payments because the financial interdependence between spouses is typically greater.
- Financial resources of each spouse: The court reviews the financial situation of both parties, including income, assets and liabilities. The goal is to ensure that the lower-earning spouse can maintain a reasonable standard of living.
- Earning capacity and employability: The court considers each spouse’s current earning capacity and potential for future employment, taking into account factors such as age, education, work experience and health.
- Standard of living during the marriage: The lifestyle enjoyed during the marriage is a significant factor. The court aims to ensure that neither spouse faces a major change in their living standard after the divorce.
- Contributions to the marriage: Non-financial contributions, such as homemaking and child-rearing, are considered equally valuable to financial contributions.
- Time needed for education or training: If the lower-earning spouse needs time to acquire education or training to become self-sufficient, the court may grant maintenance for that period.
- Marital behavior: Although Missouri is a no-fault divorce state, egregious behavior such as abuse or financial misconduct may influence the court’s decision.
- Age and health of the spouses: Each spouse’s physical and emotional condition is taken into account, as it can impact their ability to work and support themselves.
Determining appropriate support outside of court
Couples settling outside of court can determine appropriate spousal support (and all other issues) through negotiation, mediation or collaborative law. These alternative dispute resolution methods allow them more control over the outcome and often result in more amicable agreements. Discussing their needs and expectations openly frequently enables couples to arrive at a mutually agreeable support arrangement that reflects their unique situation.
Family law attorneys have a role to play
Some find it challenging to address spousal support, whether they need help advocating for themselves or disagree over the amount. Therefore, many couples (together or separately) work with experienced family law attorneys who provide valuable guidance, ensuring the support arrangement is fair and equitable. The lawyer can help gather necessary financial information, negotiate terms, and represent their client’s best interests in court if litigation becomes necessary.
