If you are currently considering or pursuing a divorce, you’ve likely wondered what are the financial implications of that decision.
If you are the spouse with the substantially higher income, you may be required to pay what’s commonly referred to as alimony, maintenance, or spousal support. One of the reasons alimony may be awarded is to ensure that both spouses are able to maintain a quality of life similar to what they had during the marriage.
When Is Alimony (Maintenance) Awarded?
The initial test for a party to be entitled to some level of alimony is for the court to determine that the spouse seeking alimony:
(1) Lacks sufficient property, including marital property apportioned to her, to provide for her reasonable needs; and
(2) Is unable to support herself through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.
Some of the Factors That Are Considered
In the event the court determines that a spouse may be entitled to some level of maintenance, some, but not all, of the factors that the court may consider in determining whether maintenance will be ordered and the amount of the award include the following:
- The length of the marriage
- The financial resources of the spouse seeking the support;
- The lifestyle of the couple prior to the divorce;
- The paying spouse’s ability to pay and the receiving spouse’s need for support; and
- Both parties earning capacity
Calculating the Maintenance Order
Unlike child support where there is a very specific guideline to determine the amount paid, maintenance is the Judge’s evaluation of factors involved on a case by case basis.
There is no concrete formula for the calculation of maintenance.
Contact a St. Louis Divorce Lawyer
To best understand your options, you should seek the guidance of an experienced and compassionate St. Louis Divorce Lawyer. With over 30 years of experience serving the areas of Chesterfield, Ballwin, and Wildwood, Missouri, Attorney Jay Galmiche has the knowledge to help you pursue the best results for your family and you. He personally handles your case, giving you the individual attention that you need beginning with your first free initial consultation.