On behalf of Stange Law Firm, PC posted in divorce on Thursday, December 26, 2019.
Spousal maintenance is one of the primary issues divorcing couples may need to resolve during their divorce. Just like other divorce-related issues such as child support, child custody and property division, it is helpful to understand how spousal maintenance is handled during a divorce.
Spousal maintenance, also known as spousal support or alimony, is designed to ensure that both spouses have a solid financial foundation following their divorce. Spousal support can help one spouse who may have remained at home to care for the house and children or got a late start on their own career, which may result in them being at a financial disadvantage compared to the higher-earning spouse. One spouse may be granted spousal support during a divorce in Missouri if they lack sufficient property, including the marital property awarded to them to them during the divorce, and if they are unable to support themselves through appropriate employment or if they will have custody of a child and should not be required to seek employment.
The court may evaluate a variety of factors when determining spousal support including the financial resources of the spouse seeking spousal maintenance and their ability to meet their needs independently; the time needed for the spouse seeking spousal maintenance to acquire sufficient education and training to find appropriate employment; the earning capacities of each of the spouses; the obligations and assets of the spouses; the standard of living enjoyed by the spouses during the marriage; the duration of the marriage; the age and physical and emotional conditions of the spouse seeking spousal maintenance; the ability of the paying spouse to pay spousal maintenance while meeting their own needs; the conduct of the spouses during their marriage; and any other relevant factors.
Spousal support is important for divorcing spouses to be familiar with because it can impact them both during and after their divorce. As a result, divorcing couples should be familiar with how spousal maintenance is determined in Missouri.