In Missouri, maintenance, also commonly referred to as alimony or spousal support, is determined based on several factors outlined in Missouri Revised Statutes, specifically Section 452.335. Maintenance may be awarded to either spouse in a dissolution of marriage (divorce) proceeding. The determination of maintenance is made by the court, and the court considers various factors including but not limited to:
- The financial resources of the party seeking maintenance, including marital property apportioned to such party, and such party’s ability to meet his or her needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian;
- The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment;
- The comparative earning capacity of each spouse;
- The standard of living established during the marriage;
- The duration of the marriage;
- The age, and the physical and emotional condition of the spouse seeking maintenance;
- The ability of the spouse from whom maintenance is sought to meet his or her needs while meeting those of the spouse seeking maintenance;
- The conduct of the parties during the marriage; and
- Any other relevant factors.
It’s important to note that Missouri law does not provide a formula for calculating maintenance but rather gives the court discretion to consider these factors and determine an appropriate amount and duration of maintenance on a case-by-case basis.
Parties may negotiate maintenance terms themselves through a marital settlement agreement, which the court may then incorporate into the final divorce decree, subject to court approval. However, if the parties cannot agree, the court will make a determination after considering the relevant factors outlined in the law.
At Raza Family Law Solutions, we practice family law effectively guiding clients through prenuptial and post nuptial agreements, dissolution of marriage, modifications of prior judgments, and resolving child custody disputes. We also help families take a different approach to divorce with mediation and collaborative work. Contact us for a consultation at (314) 408-5957.
