Spousal Support Lawyer

During legal separation or divorce proceedings, spousal support may become an issue. Formerly referred to as alimony, spousal support is a monthly monetary payment made by one partner to the other to assist with living expenses. Under Missouri law, this is not a requirement for separating couples. For individuals seeking spousal support, we have the experience necessary to know when and how to present an argument for it.

Burden of Proof

For a spouse to receive these monthly payments, it is up to them to provide evidence that they lack the sufficient property necessary for their needs. The property considered will include that awarded as part of the divorce decree or separation agreement. They will also need to show sufficient reason why they could not support themselves through gainful employment. Our team will help you gather the proof you need to ensure your spouse is ordered to continue helping you financially.

How is the Amount of Spousal Support Determined?

Unlike some other states, Missouri has no set formula in place to determine spousal support. Instead, a judge will consider the duration of the marriage and the maintained quality of life. Typically, spousal support is awarded in long-standing marriages of more than ten years but can also be obtained in shorter marital relationships. Among other things, a judge will generally consider the following when making his final decision:

• The income of both parties and their property are considered. In cases of spousal support, the marital property that is distributed is also taken into consideration.
• How long the couple was married?
• The age of both parties and their overall health.
• The present earning capacity of each party and their potential future earning capacity.
• If there is a need for one partner to undergo special education or trading to secure a job.
• The existence of a joint household before the marriage and how long that lasted.
• The existence of separate households before the filing of the divorce petition.
• Acts committed by one party against the other may have inhibited their potential for earning a wage. This is usually taken into consideration in cases where there is evidence of domestic violence or abuse in the household.
• The ability of the spouse to become self-reliant in the future.
• The reduced or lost ability to earn a wage resulted from having delayed or foregone education or career opportunities during the marriage to assist with childcare and other household duties.
• The custody of any children
• The care of children, step-children, and elderly parents may inhibit the partners earning capacity.
• The amount of time the partner has spent out of the workplace and how this could affect their ability to return to it.
• A need to pay for additional expenses for a child, such as medical treatment or daycare.
• The tax consequences for both partners.
• Contributions made by the partner as a wage earner, homemaker, and parent towards the other partner’s career.
• The possible loss of health care benefits as a result of the divorce.
• Any other factors that are presented as evidence.

A Missouri family law judge can consider any factors he sees fit when contemplating a petition for spousal support. Our spousal support lawyers will carefully review your personal situation to ensure that the judge is informed of any and all information about your case.

How Long Will Spousal Support Last?

Since there is no clear way to determine how long it would take for a party to become self-reliant, a termination date is seldom set for spousal support.

Can Spousal Support be Modified?

The terms for modification will be spelled out in your spousal support agreement. Most will be able to modify, especially when the payee remarries. For example, in custody and child support, a Missouri family law court must hear any changes made to your spousal support agreement. Modifications may be made, or the spousal support may be terminated if either party has undergone a major ongoing change. This could include the financial resources for either party. Otherwise, spousal support may continue until one of the parties dies.

St. Louis Spousal Support Lawyer

No law requires spousal support to be awarded in every divorce or legal separation hearing. It can be difficult to prove the need for spousal support and even more difficult if you are attempting to modify an existing spousal support order. By having our family law firm’s knowledge and experience in spousal support agreements by your side, your chances of achieving your deserved financial help will be increased.