How do courts decide issues of spousal support?

On behalf of Stange Law Firm, PC posted in support on Thursday, June 13, 2019.

Alimony, or spousal support, is intended to ensure that both spouses can transition into a positive financial situation following the divorce. Missouri courts don’t order spousal support in every divorce, but it can be an important part of many divorces in the property division process.

Spousal support is intended to provide a more fair settlement by helping a non-wage earning or lower-wage earning spouse be financially stable following a divorce. For example, in many marriages, one spouse gives up a career to care for children while the other pursues a high-paying career. When they divorce, the high-earning spouse can continue making a good living, but the other is at a financial disadvantage. Spousal support can help the stay-at-home spouse to cope with the loss of marital income.

Factors that are considered when evaluating an alimony award include: the financial resources of the recipient spouse, which takes into account property division and child support; the time the recipient spouse would need to acquire the training necessary to find employment and become self-sufficient; the earning capacity of both spouses; the standard of living enjoyed during the marriage; the duration of the marriage; the physical and emotional conditions and age of the recipient spouse; the ability of the paying spouse to pay alimony and support themselves; and more.

Spousal support can be a challenging issue during divorce so it helps for divorcing couples to know how it is determined. A lawyer can help people who are contemplating divorce to understand how it might apply to their situation.

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