St Louis Spousal Support Lawyer
At Raza Family Law Solutions, our St. Louis spousal support lawyers are driven by a passion for helping people and families find the best possible solution for their specific circumstances.
With deep knowledge of Missouri’s spousal support laws, our firm provides personalized representation. If you have any questions about spousal support or family law more broadly, we can help. Contact us today to schedule a confidential consultation with a divorce attorney.
An Overview of Spousal Support (Alimony) in Missouri
Spousal support (alimony, maintenance) is a payment made by one party to another either during or after the divorce or legal separation process. Spousal support is governed by state law.
If you are going through a divorce or separation and spousal support is an issue, it is crucial that you understand Missouri law. Here are four key things that you should know about:
- Spousal Support is Not Guaranteed: Spousal support is not guaranteed by Missouri law. It is not awarded in every divorce/separation case.
- Law is Gender Neutral: Both men and women in Missouri may be ordered to pay (or entitled to receive) alimony.
- Missouri has Several Types of Alimony: In Missouri, a judge can only grant maintenance for an undetermined period of time, and that maintenance can only be changed if you file a Modification in court. However, if you reach a settlement with your spouse, you can agree to other types of maintenance, such as temporary or periodic maintenance.
- Many Factors Impact the Amount and Duration of Spousal Support: In Missouri, there are many different factors that can affect the amount and duration of alimony, including age, duration of marriage, health issues, and current/future financial prospects.
Types of Alimony in Missouri
There are a few different types of alimony in Missouri. Let’s break them down for you.
Temporary Alimony (Pendente Lite)
Paid while the divorce is still pending. The court looks at things like each spouse’s income and expenses to decide on an amount.
Rehabilitative Alimony
Here, the goal is to help the receiving spouse become self-supporting. The court usually awards it for a set period, and the courts can modify the amount when circumstances change.
Permanent Alimony
As the name suggests, this is ongoing support. It’s typically reserved for longer marriages where one spouse may have difficulty becoming financially independent.
Factors Determining Alimony Awards in St. Louis
So, how do the courts decide who gets alimony and how much?
They look at many different factors, like:
- Length of the Marriage: Generally, the longer the marriage, the more likely alimony will be awarded.
- Income and Earning Capacity: If there’s a big difference in what each spouse earns or could potentially earn, that plays a role.
- Standard of Living: The court tries to ensure the receiving spouse can maintain a similar lifestyle to what they had during the marriage.
- Age and Health: Judges will consider any age difference between spouses or health issues that may impact a spouse’s ability to work.
- Marital Misconduct: In some cases, bad behavior like infidelity can affect alimony decisions.
Alimony Modification and Termination
Alimony orders aren’t always set in stone. The paying spouse can request a post-judgment modification if there’s a significant change in circumstances, like a job loss or severe illness.
And there are a few situations where the courts can terminate alimony altogether:
- When the receiving spouse remarries
- If the receiving spouse lives with a new partner
- When either party passes away
Alimony and Prenuptial Agreements
While no one likes to think about divorce before marriage, prenuptial agreements are a smart way to protect your long-term interests.
A prenup is a legal contract that outlines how you and your partner will divide assets in the event of a divorce and whether one spouse will pay alimony to the other.
So, naturally, these agreements impact alimony cases.
Prenup challenges
Missouri courts will generally enforce the terms of a valid prenup, including any provisions related to spousal support. However, in some situations, spouses may challenge their prenups, or family court judges may set aside these contracts.
For example, if the courts find the agreement unconscionable or one party didn’t fully disclose their assets, it may choose not to enforce it.
If you have questions about how an existing prenuptial agreement may affect your alimony case, consult one of our knowledgeable St. Louis alimony lawyers.
We will review your document, advise you of your rights, and help you fight any challenges that may arise.
We Put an Emphasis on Low-Conflict Solutions
We firmly believe in the power of low-conflict solutions in family law disputes, including in spousal support cases. Our attorneys are trained in the full range of alternative dispute resolution methods, including mediation, cooperative and collaborative law.
We always work closely with our clients to help them understand their options and make informed decisions about their future. While we know that collaborative solutions are not an option in every case, our divorce lawyers always put in the time, resources, and attention to the small details to best serve your needs.
Frequently Asked Questions
How long do you have to be married to get spousal support in Missouri?
In Missouri, there isn’t a strict rule about how long you must be married to receive alimony, though longer marriages tend to involve more alimony cases.
How much is spousal support in Missouri?
The amount of spousal support, or alimony, in Missouri, isn’t set by a specific formula. It’s decided case by case, taking into account each spouse’s income, expenses, and financial needs. Typically, the goal is to balance what one spouse needs with what the other spouse can reasonably pay.
As a result, the actual amount awarded often falls somewhere between what the paying spouse might prefer and what the receiving spouse might ideally want.
What are the grounds for alimony in Missouri?
In Missouri, the grounds for awarding alimony involve a two-part evaluation. First, the court determines if the spouse seeking alimony lacks sufficient property, including marital assets and child support, to meet their reasonable needs or if they are unable to support themselves due to factors like lack of education, job skills, or custodial responsibilities.
If these conditions are met, the court then considers factors such as the age, health, and emotional condition of the spouse requesting alimony, financial resources, earning capacity, and the duration of the marriage.
The court also assesses the time needed for the spouse to acquire education or job skills, the paying spouse’s ability to meet their own needs and make alimony payments, and may take into account any relevant marital misconduct, like waste or domestic violence, when determining the amount and duration of alimony.
How Our Spousal Support Attorney Can Help You
Spousal support can be complicated. You do not have to figure out everything on your own. At Raza Family Law Solutions, we are skilled, experienced, and driven by a passion for helping people find low-conflict resolutions in family law cases.
Our team will take a proactive approach. Among other things, our Missouri divorce attorney is ready to:
- Listen to your concerns and answer questions during a confidential consultation;
- Gather all of the financial information that you will need to proceed, and
- Develop a strategy focused on helping you find a low-conflict solution.
Get Help From Our Spousal Support Lawyers Today
At Raza Family Law Solutions, our St. Louis alimony attorney is standing by, ready to help you devise a plan of action that works best for your specific situation. Contact our family law team today to arrange a fully confidential, no obligation consultation.
We provide family law and divorce services in St. Louis County, St. Louis City, St. Charles County, and throughout the wider region.
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