Missouri Alimony Maintenance Laws
- Missouri Revised Statutes section 452.335 gives the court the power to award alimony, known as maintenance, in any divorce or legal separation filed in the state. Either spouse can receive alimony, though the court does not have to award it unless it finds that either spouse lacks sufficient property to provide for his needs, and if the spouse isn't able to support himself through employment or if his care for a child makes it impossible to seek employment outside the home.
- Missouri courts must take into consideration specific factors when determining whether or not to award alimony to either spouse. Missouri Revised Statutes section 452.335(2) states that the court must consider factors including the duration of the marriage, each spouse's standard of living, each spouses' financial situation and earning capacity, the age of the spouses, and the ability of the paying party to meet his financial needs. Also, Missouri courts are allowed to consider the conduct of each spouse during the marriage, as well as any other factors the court deems relevant.
- Alimony lasts until the court orders it to cease or if specific circumstances intervene. Missouri Revised Statutes section 452.075 states that the remarriage of a recipient spouse terminates any alimony award made from the date of marriage. This termination does not need court approval, and happens as soon as the spouse weds. However, remarriage does not necessarily terminate child support payments made to the recipient spouse, merely alimony payments.
- Missouri alimony payments can be made permanent or for a specific time period, and they can also indicate whether or not the award is modifiable, according to Missouri Revised Statutes section 452.335(3). A court cannot modify alimony awards that have a specific termination date and that specifically state they are not modifiable. All other awards are subject to modification, but only if either spouse experiences a "substantial and continuing" change in her finances or circumstances.
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