Divorce ยท Spousal support (maintenance)
St. Louis Spousal Support Lawyer
Missouri calls it maintenance, most people call it alimony, and there is no formula for it. Whether you are asking for support or being asked to pay it, the outcome turns on the facts a judge weighs under Missouri law. We put those facts together for St. Louis clients on both sides of the question.
The first question most people ask
Does Missouri have alimony?
Yes. Missouri law calls it maintenance, and Section 452.335 of the Missouri Revised Statutes governs it in both divorce and legal separation. It is not automatic, there is no calculator, and the court decides it in two stages: first whether a spouse qualifies at all, then how much and for how long.
Who qualifies
Before the court considers any amount, the spouse asking for maintenance has to show both of these:
- They lack sufficient property, including the marital property they receive in the divorce, to provide for their reasonable needs
- They are unable to support themselves through appropriate employment, or they are the custodian of a child whose condition or circumstances make it appropriate that they not be required to work outside the home
“Reasonable needs” is measured against the standard of living during the marriage, not the bare minimum. “Appropriate employment” means work suited to the spouse’s education and experience, not any job at all. Both phrases get argued in nearly every contested maintenance case, which is why the facts about income, assets, and work history matter so much. More on the threshold: who qualifies for spousal support in a Missouri divorce.
Maintenance is tied closely to property division. A spouse who receives more of the marital estate may need less support, or none, and the court decides property first for that reason.
The ten factors a Missouri court weighs
Once a spouse qualifies, Section 452.335 directs the court to set the amount and duration after considering all relevant factors, including:
- The financial resources of the spouse seeking maintenance, including the marital property awarded and any child support, and that spouse’s ability to meet their needs independently
- The time needed to get the education or training to find appropriate employment
- The comparative earning capacity of each spouse
- The standard of living established during the marriage
- The obligations and assets of each spouse, including marital property awarded and separate property
- The duration of the marriage
- The age and the physical and emotional condition of the spouse seeking maintenance
- The ability of the paying spouse to meet their own needs while paying
- The conduct of the parties during the marriage
- Any other relevant factors
No single factor controls. A long marriage with a large income gap often supports maintenance; a short marriage between two working spouses often does not. Conduct can matter in Missouri, but it is one factor among ten, not a penalty. How judges actually work through this is in how spousal support is decided in a Missouri divorce.
Amount, duration, and changes
How much, for how long, and what can change it
These are the questions people bring to the first meeting. Here is how Missouri answers each.
The amount
Missouri has no maintenance guideline or percentage. The court looks at the requesting spouse’s reasonable monthly expenses, their own income and what they could reasonably earn, and the gap between the two, then at what the paying spouse can afford after their own reasonable expenses. The number that results is specific to those facts. Online calculators from other states do not apply here, which is worth knowing before you plan around one. See how spousal support is calculated in Missouri.
Temporary support while the case is pending
A divorce can take months. A spouse who cannot meet expenses in the meantime can ask the court for temporary maintenance until the judgment is entered. It is decided on the same principles with less evidence, and it does not lock in the final number. See temporary orders in a divorce.
Alimony, maintenance, spousal support
Three names for the same thing. Missouri statutes and judgments say “maintenance”; lawyers and clients say “spousal support”; everyone else says “alimony.” None of them is child support, which is calculated on a state worksheet and belongs to the child. See alimony vs. spousal support and spousal support vs. child support.
How long it lasts
Missouri courts can order maintenance for a fixed period or for an indefinite one. A fixed term is common where the receiving spouse can reasonably be expected to become self-supporting, such as after finishing a degree or re-entering the workforce. Indefinite maintenance is more likely after a long marriage where that is not realistic. Either way, maintenance ends when the receiving spouse remarries or when either spouse dies, unless the judgment says otherwise.
Modifiable or non-modifiable
The judgment states which it is, and the choice matters for years. A modifiable order can be raised, lowered, or ended under Section 452.370 when there is a substantial and continuing change in circumstances, such as a job loss, a large raise, retirement, or the receiving spouse’s cohabitation. A non-modifiable order is fixed regardless of what changes. Spouses settling a case sometimes trade a lower amount for non-modifiability, or the reverse. See does an ex’s remarriage affect support.
Taxes
For divorces finalized after 2018, maintenance is not deductible by the spouse who pays it and not taxable income to the spouse who receives it under federal law. That changed the math on settlements, and it is one reason the number in a current judgment often looks different from one a friend received years ago.
How we approach it
Build the financial picture, then make the case
Maintenance cases are won or lost on documentation. The spouse with the clearer, better-supported numbers usually gets closer to the result they want.
1
Document income and expenses
Missouri requires each spouse to file a sworn statement of income and expenses. We prepare yours carefully, because the court relies on it, and we scrutinize the other side’s for overstated expenses or understated income.
2
Apply the factors to your facts
Length of the marriage, earning history, time out of the workforce, health, the property division, and the paying spouse’s actual capacity. Where earning capacity is disputed, a vocational evaluation may be worth the cost.
3
Negotiate, mediate, or try the issue
Most maintenance questions settle, often as part of a package with property. When they do not, we present the evidence at trial and ask the judge to decide amount, duration, and modifiability.
Maintenance is one of the issues that settles well in mediation. David is on the St. Louis County Family Court’s Court Approved Mediator List and mediates support and property questions for couples who would rather set the terms themselves.
Common questions
Spousal support questions we hear most
Is there a Missouri alimony calculator?
No. Unlike child support, Missouri maintenance has no statutory formula or guideline chart. Calculators you find online are based on other states’ rules or on rough averages and can be far off. The amount comes from the requesting spouse’s reasonable needs, their own earning ability, and what the other spouse can pay, as the court weighs the factors in Section 452.335.
How long does spousal support last in Missouri?
As long as the judgment says. Courts can set a fixed term, often tied to the time a spouse needs to become self-supporting, or leave it open-ended after a long marriage. There is no rule that maintenance lasts a set fraction of the marriage. It ends on the receiving spouse’s remarriage or either spouse’s death unless the judgment provides otherwise.
Does alimony end if my ex moves in with someone?
Not automatically. Remarriage ends maintenance by statute; cohabitation does not. If the order is modifiable, the paying spouse can file to reduce or end it on the ground that the receiving spouse’s needs have changed, and courts do consider a cohabiting partner’s contribution to household expenses. If the order is non-modifiable, cohabitation does not change it.
Can we agree to no spousal support?
Yes. Spouses can waive maintenance in a settlement agreement or a prenuptial or postnuptial agreement, and courts generally honor a knowing waiver. Once waived in a final judgment, it usually cannot be revived later, so it is a decision to make with full information about both spouses’ finances.
Is spousal support taxable?
For divorces finalized after December 31, 2018, no: under federal law the paying spouse cannot deduct it and the receiving spouse does not report it as income. Judgments entered before that date keep the old treatment unless modified to adopt the new one. Confirm your own situation with a tax professional.
Know where you stand on support before you negotiate anything else.
If maintenance is in question in your St. Louis divorce or legal separation, on either side, call or reach out online to schedule a confidential consultation. Bring your income and expense information and we will give you a realistic read on the range.
This page provides general information and is not legal advice. Every case is different, and outcomes depend on specific facts and circumstances. Part of our St. Louis divorce practice; maintenance is also decided in a legal separation. See all family law practice areas.