How Is Spousal Support Calculated in Missouri?

What Is Spousal Support in Missouri?

Spousal support in Missouri (officially called “maintenance” in state statutes) is a court-ordered payment from one ex-spouse to another following divorce. Unlike child support, which follows strict mathematical guidelines, spousal maintenance in Missouri is determined on a case-by-case basis, making it essential to have experienced legal representation.

The purpose of maintenance is twofold:

1. To assist the lower-earning spouse in becoming financially self-sufficient after divorce
2. To help maintain the standard of living established during the marriage

Factors Missouri Courts Consider in Calculating Spousal Support

Missouri courts follow Section 452.335 of the Missouri Revised Statutes, which outlines the specific criteria judges use to determine if maintenance is appropriate and, if so, how much and for how long.

Here are the key factors:

1. The Financial Resources of Each Spouse
   • Does the requesting spouse have sufficient property or income to support themselves?
   • Are they receiving child support or marital assets that offset the need for maintenance?
2. Time and Expenses Required for Job Training or Education
   • Courts consider whether the receiving spouse needs additional training or schooling to become self-sufficient.
3. Standard of Living During the Marriage
   • Judges aim to help both parties maintain a similar lifestyle, especially after long-term marriages.
4. Duration of the Marriage
   • Longer marriages often result in longer or more substantial maintenance awards.
5. Age, Physical, and Emotional Condition of the Spouses
   • Health issues or age-related employment limitations can justify a maintenance award.
6. The Earning Capacity of Each Spouse
   • Current income, education level, work history, and job prospects are all relevant.
7. Conduct During the Marriage
   • Although Missouri is a no-fault divorce state, egregious misconduct can influence maintenance in some situations.
8. Any Other Relevant Factors
   • This catch-all allows judges to consider unique circumstances not covered above.

Types of Spousal Support in Missouri

Missouri courts may award different types of maintenance depending on the circumstances:

• Temporary Maintenance – This provides financial support during the divorce proceedings and typically ends when the divorce is finalized.
• Short-Term Maintenance – The most common type in Missouri, short-term maintenance provides temporary financial assistance until the receiving spouse can find appropriate employment or become self-sufficient.
• Long-Term/Permanent Maintenance – Reserved for cases involving longer marriages (generally over 10 years) or situations where a spouse is unlikely to become self-sufficient due to age, health issues, or other factors.

Why You Need an Experienced St. Louis Family Law Attorney

The subjective nature of spousal support in Missouri makes having skilled legal representation essential. Without specific formulas or calculators to rely on, the outcome depends heavily on how effectively your attorney presents your financial situation to the court.

At The Betz Law Firm, we have extensive experience helping clients navigate spousal maintenance issues in St. Louis and throughout Missouri. We thoroughly analyze your financial circumstances, gather supporting documentation, and develop strategies to advocate for a fair maintenance determination – whether you’re seeking support or being asked to pay.