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Divorce can take a serious financial toll on the parties involved. Splitting one household into two creates a number of extra expenses, and oftentimes, one spouse is used to relying on the other’s income. Fortunately, Missouri family law allows alimony, also referred to as spousal maintenance, to be awarded during a dissolution of marriage. These are payments one ex-spouse makes to ensure the lower-earning spouse is able to maintain their quality of life. This can be a confusing part of a divorce settlement to understand. Below are the answers to some of the most common questions people have about alimony.

What to Know About Alimony 

How is alimony determined?

In Missouri, the court will only order alimony if the requesting spouse lacks sufficient property to reasonably meet their needs, is incapable of becoming employed, or can’t be expected to work outside the home because they have physical custody of a child with special needs.

To determine how much to award, the judge will take into account several variables, including the length of the marriage, the marital standard of living, both party’s earning capacities, each spouse’s financial needs and obligations, and both party’s conduct during the marriage.   

What types of alimony are available?

family lawFamily law judges in Missouri may order temporary, periodic, or permanent alimony. Temporary alimony is intended to provide financial assistance while a divorce case is still pending. Periodic alimony is awarded on a short-term basis until the receiving spouse is able to become self-supporting. Although rare, permanent alimony can be ordered for spouses who are unable to obtain financial independence due to a disability, prolonged absence from the job market, or advanced age. 

How long does alimony last?

The length of time an ex-spouse will have to continue making alimony payments is typically up to the judge’s discretion. They’ll consider many of the same factors they use when deciding if alimony should be granted in the first place. Support will automatically end if either party passes away or the receiving spouse gets remarried. 

Can an alimony award be modified?

Adjustments can be made to an alimony award if the original order from the family law judge includes a provision specifically stating the award is modifiable. In this case, either spouse may petition the court for a review based on a substantial change of circumstances, such as the paying spouse losing their job or the receiving spouse finding gainful employment. An alimony order can be made non-modifiable if both spouses agree and put it in writing.

 

If you’re seeking alimony in your divorce settlement, turn to Coyne, Cundiff & Hillemann, P.C. for help achieving the most favorable outcome. They’re committed to guiding clients through this difficult transition with compassion while fighting to protect their legal rights. With more than 75 years of combined experience, these attorneys are well versed in family law and have successfully represented countless clients across St. Charles County, MO. Call (636) 561-5599 to schedule a consultation, or visit them online to learn more about their services.

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