Mediation empowers couples to maintain control of their outcomes rather than having a judge make decisions for them.
Going through a divorce is challenging enough without the added stress of contentious courtroom battles over alimony and property division. For many St. Louis couples, mediation offers a more amicable and cost-effective alternative to traditional litigation.
If you’re considering divorce mediation for alimony and property division in Missouri, The Betz Law Firm can help you determine if it’s the right approach for your situation.
What Is Divorce Mediation?
Mediation is a voluntary process where you and your spouse work with a neutral third-party mediator to reach mutually acceptable agreements. Unlike a judge, a mediator doesn’t make decisions for you but instead facilitates productive conversations and helps you explore potential solutions.
In Missouri, mediation can be:
- Voluntary: You and your spouse choose to participate
- Court-ordered: A judge requires you to attempt mediation before proceeding to trial
- Confidential: Discussions during mediation generally cannot be used in court later
How Mediation Addresses Alimony
Alimony (maintenance) in Missouri isn’t calculated using a simple formula. Courts consider numerous factors, including:
- Length of the marriage
- Each spouse’s financial resources and earning capacity
- Standard of living established during the marriage
- Each spouse’s educational level and employment history
- Age and physical/emotional condition of each spouse
This complexity makes mediation particularly valuable for alimony discussions. Through mediation, you can:
- Explore creative solutions beyond what a court might typically order
- Discuss tax implications of different alimony arrangements
- Create customized payment schedules that work for both parties
- Establish conditions for modifying or terminating payments
- Consider lump-sum versus periodic payments based on your unique financial situation
Mediating Property Division
Missouri follows “equitable distribution” principles, meaning marital property should be divided fairly (though not necessarily equally). Determining what’s “fair” involves considering:
- Each spouse’s economic circumstances
- Each spouse’s contribution to acquiring marital property
- Value of non-marital property assigned to each spouse
- Conduct of the parties during the marriage
- Custodial arrangements for minor children
Mediation excels at addressing property division because it allows you to:
- Prioritize what matters most to each of you
- Maintain control over who gets specific assets with sentimental value
- Work through complex valuations of business interests or retirement accounts
- Develop comprehensive plans for dividing debts as well as assets
- Consider tax consequences of different distribution scenarios
Success Rates of Mediation for Financial Matters
While success rates vary depending on individual circumstances, research consistently shows that:
- Approximately 70-80% of mediated divorces result in settlement agreements
- Financial agreements reached through mediation tend to have higher compliance rates than court-ordered arrangements
- Couples who mediate financial issues often report greater satisfaction with the outcome
When Mediation Works Best for Alimony and Property Division
Mediation tends to be most effective when:
- Both spouses are willing to negotiate in good faith
- There’s general financial transparency between parties
- Both spouses have at least a basic understanding of their assets and debts
- Each spouse has access to legal advice during the process
- There’s no significant power imbalance between spouses
Take the Next Step Toward Resolution
If you’re considering divorce mediation for alimony and property division in Missouri, The Betz Law Firm can help you determine if it’s the right approach for your situation. We provide mediation services and representation during mediation to protect your interests.
Speak With an Experienced Attorney
Our firm uses experience, good communication, and availability to help families navigate life-changing events.