spousal support

There are many factors that can affect the duration of spousal maintenance.

The term ‘spousal maintenance’ refers to alimony paid to a spouse. Missouri law has set definitive rules about spousal maintenance, its duration, and the amount. Moreover, the Missouri courts have a large amount of discretion when it comes to deciding spousal maintenance. Alimony in Missouri, like most other places, is dependent on the circumstances of the case and the judge’s decision.

Spousal support according to the terms of decree

Spousal support in Missouri is not always specified in the divorce decree, and is usually decided after the judge decides on other divorce components such as property and asset division. This is done to make it easier for the judge to understand the paying capacity of an individual after the divorce. For example, if a party in the divorce receives rental property that generates income, he/she would likely require less spousal maintenance.

Apart from division of property and assets, the court also takes into consideration the earning capacity of the spouses and the duration of the marriage. For example, a spouse with a career is more likely to get less maintenance than one who has been without a job for say, 10 years, perhaps even looking after children. However, a young spouse with a career option who looks after children could receive spousal maintenance as well.

Duration of spousal maintenance

Our St. Louis divorce lawyer explains that in Missouri, the courts usually do not grant a ‘permanent alimony’. In most cases, the court either decides on a set date of termination that is included in the divorce decree, or does not include a date and the paying spouse in expected to comply until either the paying spouse’s or the receiving spouse’s circumstances change. Missouri courts decide spousal maintenance based on the reasonable time that a support receiving spouse will need to either acquire necessary job skills or education to support themselves.

Factors affecting spousal maintenance

There are some other factors that can affect the duration of spousal maintenance. These factors are also considered by the court and are at the judge’s discretion, who will consider the circumstances of the case. These factors are –

• Remarriage of the receiving spouse. A paying spouse need not support a remarried spouse unless the decree specifically provides for it (which is rare).
• Death of the receiving spouse.
• If the paying spouse dies, the estate of the paying spouse may or may not have to continue spousal support depending on the circumstances of the receiving spouse.

Most decrees including spousal support include a termination date as well as a provision that a receiving spouse has to actively seek employment and generate an ability to support them, while receiving spousal support. If the receiving spouse does not make any effort to seek employment, the paying spouse can petition to the court, notify the judge and seek termination of spousal support.

Modifications

Most decrees are modifiable, with the exception of those that specifically state so. Similarly, all orders without a termination date are also modifiable. Modifications can be made if the circumstances of the paying or the receiving spouse change. One has to file a motion with the court stating the reason for modification and provide proof. Such reasons for modification should usually be permanent changes affecting the ability of pay.

Our firm’s goal is to assist couples in need to navigate their way through these important, life changing events.

Spousal support, or alimony, is a tricky component of divorce. Different states in the US have different guidelines and laws for determining alimony. For example, in some states, maintenance periods can be permanent (life-long), some have a designated term that can extend for long periods, or for short, some states provide guidelines that dictate the amounts to be paid as alimony, whereas all states in the US allow modification of the non-contractual maintenance amounts after the divorce case has been settled.

History of Alimony

The concept of alimony emerged as a result of prevalent gender roles (where women were pre-dominantly homemakers, looking after children, or if working, had incomes that were insufficient to support a family). The husbands leaving a marriage were supposed to provide for their wives, ensuring support and the same standard of living while being married, until she decided to remarry or passed away. The maintenance component thus also ensured that divorced women do not become responsibilities of the state and were provided for by their ex-spouses.

However, with changing times, considering the disappearance of gendered origins of maintenance, it could well be on its way to redundancy. Women today, not only manage their homes, but also are more career-oriented and have the ability to be self-sufficient. In view of these changing times, many states have started changing alimony statutes, as it seems unfair for anyone to support a former spouse who has the ability to be self-sufficient.

Laws Governing Spousal Support

The laws governing the maintenance component in Missouri divorce laws, also sought to change with the changing times. The reasons:

1. Following the policy of equitable distribution, maintenance should not be gender specific. Any spouse who is unable to meet reasonable needs and has a lesser income qualifies for maintenance.
2. Maintenance should be awarded only to fill the gap between a spouse’s reasonable expenditure and the earnings of the spouse. The definition of what constitutes as reasonable, including the standard of living during the marriage, is finally the courts discretion.
3. Every person has a basic duty to be self-sufficient. Considering this, maintenance should not be permanent. The court can also decide to reduce, or even terminate the maintenance clause if a recipient spouse chooses to intentionally not pursue adequate employment.

While Missouri follows these guidelines, the question arises is, “Is the Missouri law modern enough, or does it need more modern reforms?”

To answer this question, we can look the state of Florida. Florida provides permanent lifetime alimony, terminating on either remarriage or death. While it is intended for a marriage of long duration (17 years or more), it can be awarded for marriages of shorter duration as well on basis of proof showing qualifying circumstances.

Such a permanent award of maintenance can lead to problems such as:

• Permanent alimony leads to inequitable results, where in some cases, alimony is required for more than 30 years, often straining the finances of the paying spouse in later years.
• It creates negative incentives and recipients often take it for granted.
• Recipients of permanent also tend to choose to not work and shirk the responsibility of self-sufficiency.

Considering that each case is different, it is difficult to use a one-size-fits-all rule. The Missouri maintenance law allows for flexibility, with the courts discretion to manage different scenarios.

St. Louis Spousal Support Lawyer

At The Betz Law Firm we are committed to guiding our clients through the court process with same level of professionalism that we would wish for our own family members. We are aware of the trust our clients place in us with the future of their family and we strive daily to earn it.

If you have any questions regarding your divorce case, contact us today by calling (314) 801-8488 or by filling out our online contact form. Our firm’s goal is to assist families in need to navigate their way through those important, life changing events.

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Formerly known as alimony, spousal support is a monthly monetary payment made by one partner to the other to assist with living expenses.

In the past spousal support, or alimony, was provided for former wives by former husbands because the man was generally the breadwinner. Times have changed, now most marriages have both husband and wives as wage earners and women are less dependent. The tradition of women receiving spousal support is eroding. In fact, there are a rising number of cases of ex-wives paying alimony to ex-husbands.

Types of Spousal Support

There are a number of factors that are considered for whether or not a spouse receives spousal support. Missouri has no set formula in place to determine spousal support. Instead, a judge will take into consideration the earning ability of one spouse, the duration of the marriage, and the ability of one spouse to pay.

If you were in a long-term marriage and both spouses worked and had comparable incomes, then you are less likely to get alimony. However, in situations of long-term marriage where the wife was a stay-at-home mom, with no particular skill set, spousal support is more likely to be awarded.

The type of spousal support depends much on the financial position of the marriage. The four types include:

• Temporary Spousal Support – this is given when the spouses are separated and not yet divorced. It may be given so that one spouse can maintain their lifestyle between the time the divorcing couple separates and actually divorces.
• Rehabilitative Spousal Support – this type of support is paid so long as it is needed for the dependent spouse to become self-supporting. It is generally allotted for a fixed amount of time, such as to allow the spouse to find a job or finish school.
• Permanent Spousal Support – this support is given until the death of the payer, death of the recipient or until the recipient remarries. The amount of permanent spousal support can be adjusted during the course that it is being paid.
• Reimbursement Spousal Support – this is where one spouse reimburses the other for expenses that they had while married. For instance, if a working wife puts her husband through medical school, he may be ordered to pay reimbursement alimony to pay for the costs of medical school. It is paid until the amount is paid in full.

It is important to know that a long-term marriage is one of more than ten years, but spousal support can possibly be obtained in shorter marriages.

How Spousal Support is Determined

Each divorce has it’s own unique set of circumstances. Therefore, a judge will have to consider of a number of factors when deciding on whether spousal support should be awarded. Some of the things they will consider include:

• The income of both spouses
• Length of the marriage
• Age of both parties and their health
• Earning capacity and potential earning capacity
• The need for one partner to go through school to be able to get a job
• Ability of spouse to become self-reliant in the future
• Care of children or elderly parents
• Tax consequences after divorce
• Additional care for children, such as medical treatment
• Possible loss of health care benefits
• Any other factors presented as evidence

A Missouri family law judge is permitted to consider any factors he sees fit when contemplating a petition for spousal support. Our spousal support lawyers will go over your personal situation very carefully in order to ensure that the judge is informed of any and all information pertaining to your case.

Talk to an Experienced Spousal Support Lawyer

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.

Contact The Betz Law Firm today by calling (314) 801-8488 or fill out our online contact form.