Spousal support is not automatic – courts consider the unique circumstances of each marriage before making a decision.
If you are considering divorce and have questions about spousal support, you are not alone. Financial uncertainty is often one of the most stressful parts of the process. Whether you are concerned about paying support or wondering if you may receive it, clear information can help you move forward.
What Is Spousal Support?
In Missouri, spousal support is called maintenance. It is financial assistance that one spouse may be ordered to pay to the other after a separation or divorce.
The purpose of maintenance is not to punish either spouse. Instead, it is designed to help a lower-earning spouse meet reasonable needs when they cannot support themselves through appropriate employment or property awarded in the divorce.
Missouri law requires the court to first determine whether maintenance is appropriate. Only if that threshold is met does the judge proceed to determine the amount and duration.
Step One: Is Maintenance Appropriate?
Before ordering spousal support, a Missouri court must find that the spouse seeking maintenance:
- Lacks sufficient property, including marital property awarded in the divorce, to meet reasonable needs, and
- Is unable to support themselves through appropriate employment.
Both elements matter.
For example, if a spouse receives significant marital assets that generate income, maintenance may not be necessary. On the other hand, if one spouse left the workforce for many years to raise children, that gap in employment history may affect their ability to earn sufficient income immediately after divorce.
This first step is critical. If the court finds that maintenance is not appropriate, the analysis ends there.
Step Two: How Much and for How Long?
If the court determines that maintenance is appropriate, it then evaluates several statutory factors to decide the amount and duration.
Missouri courts consider:
- The financial resources of the spouse seeking maintenance
- The time necessary for that spouse to acquire education or training to find appropriate employment
- The standard of living established during the marriage
- The duration of the marriage
- The age, physical condition, and emotional condition of the spouse seeking maintenance
- The ability of the paying spouse to meet their own needs while paying support
- The conduct of the parties during the marriage
- Any other relevant factors
No single factor automatically controls the outcome. Judges look at the overall picture.
For example, in a long-term marriage where one spouse was the primary breadwinner and the other focused on raising children, maintenance may last longer. In a shorter marriage between two working professionals with similar incomes, maintenance may be limited or not awarded at all.
Temporary vs. Long-Term Maintenance
In some cases, maintenance is temporary. This is often referred to as rehabilitative maintenance. It may be ordered for a defined period to allow the receiving spouse time to gain education, job training, or work experience.
In other cases, particularly in long marriages or situations involving health concerns, maintenance may last longer. Missouri courts can order maintenance for a set term or leave it open-ended, depending on the facts.
Each situation is different. The details of your marriage, income, and future earning potential matter.
Does Fault Affect Spousal Support in Missouri?
Missouri is a no-fault divorce state. You do not have to prove wrongdoing to get divorced. However, marital conduct may still be considered when determining maintenance in certain circumstances.
For example, if one spouse engaged in financial misconduct that harmed the marital estate, that may be relevant. That said, most maintenance decisions focus primarily on financial need and ability to pay rather than personal grievances.
It is important to approach maintenance discussions with a practical and financial mindset.
How to Prepare for a Spousal Support Discussion
If you anticipate that maintenance will be an issue in your divorce, preparation is essential.
You should gather:
- Recent pay stubs
- Tax returns
- Bank statements
- Information about retirement accounts
- Monthly expense records
- Documentation of debts
Clear financial documentation allows your attorney to present an accurate picture of your needs and ability to pay. It also strengthens your credibility with the court.
Talk With a St. Louis Divorce Lawyer About Your Situation
Every marriage and every financial situation is different. The outcome of a spousal support issue depends on the specific facts of your case.
If you are considering divorce or have already been served with divorce papers, now is the time to understand your rights and responsibilities regarding maintenance.