Understand how the length of your marriage affects alimony in Missouri. Contact us today for a free consultation.
When going through a divorce, one of the most common questions couples have is whether spousal support, also known as alimony or maintenance, will be awarded. In Missouri, the duration of the marriage is a crucial factor in determining whether one spouse will be required to pay alimony to the other. However, how many years you need to be married to qualify for alimony is more nuanced than simply meeting a specific time threshold.
At The Betz Law Firm, we can help you understand your rights and options and ensure that your financial interests are protected during the divorce process.
I hired the services of David Betz for purposes of getting a name change and him and his paralegal Debbye were professional, answered emails promptly, and were able to handle a complication in my case with no problems. Would highly recommend Mr. Betz.
Mr. Betz is a knowledgeable and helpful straight shooter who truly cares about kids! Highly recommend.
The Betz Law Firm assisted my son with legally changing his name. They were extremely easy to work and very helpful!!!
David Betz and Debbye Lasky were both wonderful to work with and accomplished what I needed done.
David was very professional and helpful for our child during a recent litigation. I would highly recommend his firm for GAL service or attorney service!
Fair Guardian Ad Litem who has walked a tightrope of a custody case
I was very impressed with Mr. Betz’s service. He was the GAL for my children. He was very professional, fair-but-caring and advocated tireless for the children’s best interests. He took his time to talk to them about their wishes, giving us sound advice and guided us through an otherwise contentious process. I appreciated his professionalism, ethics and would highly recommend him.
My son and I have worked with David Betz for several years in custody matters concerning my grandson. I have found him to be genuinely concerned with our situation and responsive to our needs. He listens carefully and handles matters promptly. He is realistic in evaluating situations and helps us to arrive at the best possible alternatives. I highly recommend him for family law matters.
I am a transfeminine nonbinary person that used The Betz Firm to get my name changed. They were extremely affirming, and excited to work with me through this as it was an immensely huge deal for me. Thank you Betz Firm, for making this a reality for me!
Joel and David are extremely helpful and helped with everything I needed. They are kind and worked with me with all of my needs regarding my case! I would recommend to everyone!
David was phenomenal in helping me secure protection and safety for myself and my daughter during the divorce and custody case. We ultimately prevailed at the end with 100% custody and a judgement in favor of the petitioner for support, with heavy stipulations in place for visitation. David by your side in the courtroom is a sure fire win. Place your bets on Betz!
David was super helpful in getting all of my questions answered. He was kind and patient while I explained the situation I was dealing with, and outlined numerous options and avenues that I had as choices. He didn't sugar coat things and was honest where he thought struggles would appear in the case, and talked through best and worst case scenarios. He also was nice enough to offer additional phone calls if more questions came up while choosing how to move forward with the case. I would highly recommend talking to David about your case if you need a family lawyer, as it's obvious that he is kind, and extremely knowledgeable about family law and the complications it can involve.
The Betz Firm has handled all of our family law needs. They are an impressive team to work with and they have the ability to find the best solution for their clients.
I have all the world to say about this man. He helped me piece my life back together.
David Betz took the time to answer all of my questions and was very kind, thoughtful, considerate, and most importantly of all knowledgeable. I very much appreciated his time and help!
The staff is very professional and friendly and comforting to their clients (the children). They definitely put us all at ease during an uncomfortable time.David himself is very easy to talk to, and both of my kids really liked him. I am very impressed with their involvement in our case. He has been easy to work with and good at getting back to us in a timely manner with issues regarding our case.I would highly recommend his office to anyone in need of legal help for their children.10 months later...I wanted to add, we have been in this case for 22 months and it’s about to wrap up. David has been amazing. My 16 year old daughter had kind of lost her faith in the system and in adults - David really worked with her and helped hold her accountable, but also gave her a voice, great advice, and really won her over. She really trusts him. When she was struggling, she would ask to call David. When I was struggling with her, I would threaten to call David and she would become more agreeable. She really trusts and respects him. Which for me, takes a unique skill set. Not everyone can get an unhappy teen to comply and also still keep their trust and respect. My son loved David too. Both kids looked forward to our apts with David. Which when you are fighting a child support/ custody case and your drained, it’s so nice to have parts of the process be so easy and helpful. And that’s what we got from David and his staff.David has offered to be available if he can help after the case with questions or getting a teenager in line. They were understanding and more than fair with my payment options. Joel, his assistant- is a joy to talk to and prompt to respond and he chatted with the kids and put them at ease in a very uncomfortable situation. I can’t say enough good things about them.We drive past their office every day on the way to school and my daughter said she wanted to stop by and take David a Christmas present. That’s pretty impressive for a 16 year old.They really made a very unbearable situation so much better; David even made us smile and laugh during a very nerve wracking time.I would highly recommend them to anyone. Definitely 5 plus stars!
David helped me successfully navigate through a challenging legal scenario, where timely direction and counsel were paramount to a positive outcome. He quickly understood the issues at hand, provided very practical advice, all the while demonstrating his firm understanding of the law. Just as importantly, his advice was grounded in how the practical application of that knowledge would lead to a positive outcome. He was easy to talk with, a focused listener, honest, and it was obvious that he was not out for his own gain. It was nothing short of a positive experience from start to finish!
I retained David Betz for my divorce and very happy with how things turned out. David and his team went straight to work and kept me updated every step of the way. If you looking for someone to get the job done, then look no further. Thank You David and Joel for all you have done for me!!
I felt comfortable with David and was always treated with respect and listened to.
Such a great experience working with David. He truly was looking after my child's best interest and that's what it's all about. But he also was incredibly friendly, knowledgeable and explained everything so that even my 7 year old could understand. Well done.
David is a great person and lawyer. He was on top of the situation instantly also very professional. I would recommend him to anyone that wants not only a lawyer but a friend he listened to my concerns and took action thats what I like about him. Thanks David ! My life is forever changed !
David actually cared and unlike most attorneys, did not try to take as much as possible. I am satisfied and got everything I needed.
David Betz is professional and is very to the point! He knows the law and helps to get you a fair deal. He helped me get 50 percent custody of my kids and my home back from my ex. His staff are very knowledgeable and helpfully as well! I highly recommend him to anyone going though a custody battle!
I was in a very tough spot legally with a family situation. David was able to help me out and I got much more than I ever expected from the court. I give David the highest possible rating!!! He will do what is necessary to help you with your family law situation.
David Betz is very kind and will answer any questions you have regarding your case in a timely manner. I highly recommend him.
Really listened and provided solid advice and assistance. Always made himself available and never rushed our meetings. He really cared about our outcome, I felt like a friend rather than a client. A great attorney and true professional.
Understanding Alimony in Missouri
Alimony is a court-ordered financial support that one spouse pays to the other following a divorce. The primary purpose of alimony is to help the lower-earning spouse maintain a standard of living similar to that enjoyed during the marriage, at least for a period of time.
Missouri law does not provide a set number of years a couple must marry before alimony can be awarded. Instead, the court considers various factors to determine whether alimony is appropriate, how much should be awarded, and for how long.
Factors the Court Considers When Awarding Alimony
Missouri courts have broad discretion when it comes to awarding alimony. They consider numerous factors, including but not limited to:
- Duration of the Marriage
- While there are no strict rules, the duration of the marriage is a significant factor. Generally, longer marriages are more likely to result in alimony awards, especially when one spouse has been financially dependent on the other.
- Financial Resources of Both Parties
- The court will assess the financial situation of both spouses. This includes income, assets, debts, and earning a living independently. If one spouse lacks sufficient property and income to provide for their reasonable needs, alimony may be awarded.
- Standard of Living During the Marriage
- Another key consideration is the lifestyle maintained during the marriage. The court aims to ensure that both parties maintain a similar living standard after the divorce.
- Age and Physical Condition of the Spouses
- Both spouses’ age, health, and physical condition are considered. If one spouse is elderly or has significant health issues that limit their ability to work, this may influence the court’s decision to award alimony.
- Earning Capacity and Education
- The court considers both spouses’ earning capacity, educational background, and employment history. If one spouse sacrificed their career or education for the sake of the marriage, this may justify an alimony award.
- Contributions to the Marriage
- Contributions to the marriage, including non-economic contributions like homemaking or child-rearing, are also considered. For example, a spouse who supported the family by staying home to raise children may be more likely to receive alimony.
- Conduct of the Parties
- While Missouri is a no-fault divorce state, meaning that marital misconduct (such as infidelity) is generally not considered in the division of property, it can still play a role in alimony decisions if one party’s conduct has had a significant financial impact on the other.
- Time Needed for Education or Training
- If the spouse seeking alimony needs time to acquire education or training to find appropriate employment, the court may award alimony for that period.
Duration of Alimony Payments
If the court determines that alimony is appropriate, it must decide on the payment duration. Missouri courts can award alimony for a set period (rehabilitative alimony) indefinitely or until a specific event occurs, such as the recipient’s remarriage or the death of either party.
- Short-Term Marriages (Less than 5 Years)
- Alimony is less likely to be awarded in marriages lasting less than five years unless there are extraordinary circumstances. If awarded, it is typically for a short duration and intended to help the lower-earning spouse transition to financial independence.
- Medium-Term Marriages (5-15 Years)
- Alimony is more common in marriages lasting between five and fifteen years, mainly if one spouse has been financially dependent on the other. The duration of alimony may correspond to the length of time needed for the recipient spouse to gain self-sufficiency.
- Long-Term Marriages (More than 15 Years)
- Alimony is more likely to be awarded in marriages lasting more than fifteen years, especially if the spouses have a significant disparity in earning power. In long-term marriages, the court may award alimony indefinitely, mainly if the recipient spouse is unlikely to become financially independent due to age, health, or work experience.
Modifying or Terminating Alimony
It’s important to note that alimony awards in Missouri can be modified or terminated under certain circumstances. Common reasons for modification or termination include:
- Remarriage: If the recipient spouse remarries, alimony payments generally terminate.
- Cohabitation: If the recipient spouse cohabitates with another person in a marriage-like relationship, the court may terminate or reduce alimony.
- Significant Change in Circumstances: The court may modify the alimony award if either party’s financial circumstances substantially change, such as a job loss or a significant income increase.
Contact Us Today
Missouri does not have a specific requirement for the number of years a couple must be married to qualify for alimony. However, the duration of the marriage is a crucial factor, with longer marriages generally leading to a higher likelihood of alimony being awarded. The court’s primary concern is ensuring fairness and that the financial needs of both parties are addressed in the wake of a divorce.
If you are facing a divorce and have questions about alimony, it is crucial to consult with an experienced family law attorney. At The Betz Law Firm, we can help you understand your rights and options and ensure that your financial interests are protected during the divorce process.
Speak With an Experienced Attorney
Our firm uses experience, good communication, and availability to help families navigate life-changing events.
