Thinking about divorce but worried about your financial future? You’re not alone. One of the biggest questions we hear at Raza Family Law Solutions is, “How long do I need to be married to get spousal support in Missouri?” The answer might surprise you.
The Short Answer: There’s No Minimum
Here’s the deal: Missouri law doesn’t set a specific number of years you need to be married to qualify for spousal support (also called maintenance). Whether you’ve been married for 2 years or 20, you could potentially receive spousal support. But don’t start celebrating (or panicking) just yet. It’s not that simple.
What Really Matters in Missouri Spousal Support Cases
So if the length of your marriage isn’t the deciding factor, what is? Missouri courts look at the whole picture when deciding on spousal support. Let’s break it down:
- Financial Need: Can you support yourself after the divorce? This is the big one.
- Ability to Pay: Can your ex afford to pay support?
- Standard of Living: What kind of lifestyle did you have during the marriage?
- Earning Capacity: What’s your ability to earn a living?
- Contributions to the Marriage: Did you support your spouse’s career or education?
- Age and Health: Are there physical or age-related factors affecting your ability to work?
The Law Behind the Decision
Missouri’s spousal support law is found in Section 452.335 of the Missouri Revised Statutes. It states that the court may grant maintenance if the spouse seeking it:
- Lacks sufficient property to provide for their reasonable needs, and
- Is unable to support themselves through appropriate employment.
Notice there’s no mention of how long you need to be married. That’s because each case is unique.
How Marriage Length Can Influence Support
While there’s no minimum marriage length for spousal support, the duration of your marriage can still play a role. Here’s how:
- Short-Term Marriages: In marriages lasting just a few years, courts might be less inclined to award long-term support. They might focus more on helping the lower-earning spouse transition to self-sufficiency.
- Medium-Length Marriages: For marriages of around 5-15 years, courts might consider moderate-term support to help the recipient spouse get back on their feet.
- Long-Term Marriages: In marriages lasting 20 years or more, courts are more likely to consider long-term support, especially if one spouse has been out of the workforce for a significant time.
Remember, these are general guidelines, not hard-and-fast rules. Every case is different.
Factors That Can Affect Your Spousal Support Case
While the length of your marriage isn’t the deciding factor, several other elements can influence whether you’ll receive spousal support:
- Your Education and Skills: Do you have the education or skills to support yourself?
- Custody of Children: Are you the primary caregiver for young children?
- Financial Resources: What assets are you receiving in the divorce settlement?
- Tax Implications: How will support payments affect each spouse’s tax situation?
Types of Spousal Support in Missouri
Missouri recognizes different types of spousal support:
- Non-modifiable support
- Modifiable support
The type and duration of support awarded can vary greatly depending on your specific circumstances.
Can Spousal Support Be Modified?
Yes, in most cases. If there’s a substantial change in circumstances (like losing a job or a significant illness), either party can ask the court to modify the support order. However, if your divorce agreement specifically states that the support is non-modifiable, then you’re out of luck.
Why Hiring a Spousal Support Lawyer is the Best Decision You Can Make
Spousal support in Missouri isn’t just tricky – it can make or break your financial future. Here’s why having an experienced Missouri spousal support lawyer is non-negotiable:
- Judges are human: They have biases and bad days. An experienced lawyer knows how to present your case effectively.
- DIY can cost you: We’ve seen people lose thousands because they didn’t understand the law.
- It’s not just about the money: Spousal support affects your quality of life.
- The law is a moving target: Missouri spousal support laws change. What worked in your friend’s divorce last year might not apply to you now.
- Emotions run high: You’re too close to the situation. We provide an objective voice to help you make smart, not emotional, decisions.
At Raza Family Law, we’re not here to sugar-coat it. Spousal support cases are tough. But with the right lawyer, you can navigate this and come out okay on the other side. We’ve done it for hundreds of clients, and we can do it for you, too.
Don’t gamble with your future. Give us a call. Let’s figure this out together.
Key Takeaways
- There’s no minimum marriage length to qualify for spousal support in Missouri.
- Courts consider many factors, including financial need, ability to pay, and standard of living.
- The length of your marriage can influence the duration and amount of support, but it’s not the only factor.
- Each case is unique – what happened in your friend’s divorce might not apply to you.
- Having an experienced attorney can significantly impact the outcome of your case.
Next Steps
If you’re considering divorce in Missouri and have questions about spousal support, don’t go it alone. The team at Raza Family Law Solutions is here to help. We’ll review your case, explain your rights, and fight for the best possible outcome. Remember, when it comes to spousal support, knowledge is power. And we’re here to empower you every step of the way.
Ready to take the next step? Contact Raza Family Law Solutions today for a consultation. Let’s work together to secure your financial future, no matter how long you’ve been married.
