Spousal support is one of the most misunderstood elements of divorce. Some individuals expect maintenance or alimony to be automatic or permanent, but in Missouri, spousal support is not an either/or proposition. Instead, judges take a case-by-case approach and look at issues of fairness, financial need, and the ability to pay. A Springfield spousal support lawyer from Stange Law Firm, PC, can help you understand your rights.
During a divorce in Springfield, MO, being aware of the various types of spousal support available under state law can help you better understand what to expect.
Understanding Spousal Support in Missouri
The CDC reports that there were 14.9 marriages for every 1,000 women over 15 in the United States. The divorce rate was 6.9 percent. Over the past 10 years, there has been a decline in both marriage and divorce rates. Many of these divorces resulted in alimony decrees.
Missouri calls spousal support “maintenance.” It is a payment of financial support by one spouse to the other when one party lacks enough property and income to meet reasonable needs. Maintenance is neither a punishment for the paying spouse nor a reward for the supported spouse.
If maintenance is awarded, it is a temporary financial arrangement that helps a lower-earning spouse transition to self-sufficiency when possible. Missouri courts take the issue of maintenance seriously and do not award spousal support in every divorce. There are three main kinds of spousal maintenance in Missouri:
- Temporary
- Short-term
- Permanent
Temporary Maintenance
Temporary maintenance is intended to last only during the divorce process, with the purpose of preserving the marital status quo during the legal proceedings. Temporary maintenance is appropriate in Springfield divorce cases where one spouse has relied on the other’s income for expenses during the marriage. In other words, the marriage has resulted in one person becoming financially dependent on the other.
Temporary maintenance may help with living expenses, housing, or health insurance until a final court judgment is entered. After the divorce, temporary support typically ends and may be replaced by a different form of maintenance.
Short-Term Maintenance
Short-term maintenance is sometimes referred to as rehabilitative maintenance. Rehabilitative maintenance is designed to help a spouse become self-supporting when the lack of financial independence is a result of the marriage. As the name suggests, this type of support is short-term. A court is likely to award rehabilitative maintenance if a spouse will have to take courses, receive training, or reenter the workforce in order to become self-supporting.
Judges in Greene County prefer rehabilitative maintenance when a spouse is capable of self-support in the future, but needs time to gain the skills or employment.
Long-term Maintenance
Long-term maintenance is support awarded when the court believes a spouse is unlikely to become fully self-supporting due to factors such as age, disability, or long-term absence from the workforce. Long-term maintenance is not usually appropriate for short marriages in which both spouses worked during the relationship. It is, however, common in long-term marriages, where one spouse sacrificed career advancement to work at home or raise children.
Long-term maintenance is sometimes referred to as permanent maintenance, but it is not truly permanent. Missouri courts retain the authority to change or end maintenance based on a change in circumstances.
Factors Considered When Determining Maintenance
Springfield courts weigh several factors to determine whether maintenance is appropriate and the amount to award. The main factors for determining maintenance include the length of marriage, along with both spouses’ income levels and earning potential, as well as their established standard of living, age, and health status, and their contributions to the marriage.
No one factor is the determining factor. Judges look at the circumstances and tailor an outcome that is equitable and in accordance with Missouri law. Additionally, modifications may be considered if circumstances change significantly.
About Stange Law Firm, PC
When we started Stange Law Firm, PC, in 2007, we decided to focus our practice exclusively on divorce and family law due to the tremendous need we saw for attorneys dedicated to this area of the law. Since then, our multi-state attorneys have been helping clients in spousal support matters heard in the Greene County Circuit Court in Springfield, Missouri.
Today, we have offices in multiple states, and we are committed to helping our clients with the compassionate guidance they need.
FAQs
Q: Is Spousal Maintenance Automatically Awarded in Missouri Divorces?
A: Spousal support is not automatic in Missouri. The court determines whether a spouse has enough property and income to cover necessary maintenance and support before deciding on what constitutes reasonable needs. If so, the court then considers several factors in determining whether maintenance is proper and the type, amount, and duration of the maintenance award.
Q: How Long Does Spousal Maintenance Typically Last in Missouri?
A: The length of the maintenance period depends on the facts of the case. Rehabilitative maintenance or maintenance for a short period of time may be appropriate when a spouse is able to work or needs to further their education to obtain a job. Long-term maintenance is more likely to be awarded in long-term marriages or where a spouse will not be able to become self-supporting within a reasonable period of time. However, this may be modified in the future.
Q: Can Spousal Maintenance Be Modified After a Divorce Is Finalized?
A: Yes, in many cases. Court-ordered maintenance may be modified if there is a substantial and continuing change in circumstances, such as a significant change in income or retirement. Some types of maintenance, such as contractual or lump-sum maintenance, may limit or preclude future modifications depending on the terms of the agreement.
Q: Does Spousal Maintenance End if the Receiving Spouse Remarries?
A: Generally speaking, yes, spousal maintenance ends if the receiving spouse remarries. In Missouri, maintenance normally ends upon the remarriage of the receiving spouse or the death of either spouse, unless the court order or settlement agreement provides to the contrary. It is critical to read the language of the maintenance order to know when the support will end.
Stange Law Firm, PC, for Your Maintenance Needs
If you have questions about spousal maintenance in Missouri, Stange Law Firm, PC, can help. We can look at your situation and explain your options to you. Contact us today for more information.