Navigating divorce is rarely easy, but for same-sex couples in Missouri, determining alimony often raises unique challenges. Changes in the law over the past decade have created new rights—and new questions—about how courts assess spousal support. At Galmiche Law Firm, P.C., we understand that each family faces its own set of circumstances and concerns, especially around same sex alimony considerations in Missouri. Let’s walk through the key issues LGBTQ+ individuals should know when transitioning through divorce and seeking fair support outcomes in Missouri courts.
How Missouri Law Defines Alimony & Spousal Maintenance
In Missouri, alimony is referred to as “maintenance.” This financial support may be awarded to one spouse when a divorce leaves them unable to meet their reasonable needs through property or employment alone. The state’s statutes guide judges through a list of considerations rather than using a set formula, resulting in a highly individualized process for each case—including those involving same-sex spouses.
Key factors Missouri courts consider when awarding maintenance include each spouse’s financial resources, the amount of time required for education or training to achieve self-sufficiency, earning capacities, and the standard of living established during the marriage. Judges also take into account the length of the marriage, both spouses’ age & physical condition, and the obligations & assets of each person.
Are Same-Sex Couples Treated Equally in Missouri Alimony Cases?
Following the Supreme Court’s 2015 ruling in Obergefell v. Hodges, Missouri law now recognizes same-sex marriages and divorces the same as those of opposite-sex couples. This ensures equal access to alimony, property division, and all other divorce-related protections. However, in practice, unique issues often arise for couples with long-term relationships that began before marriage became legal.
Courts now use the same standards for all divorcing couples in Missouri, meaning that statutes and considerations about spousal support apply equally to everyone. Even so, when evaluating requests for maintenance, some judges may have limited prior experience with same-sex divorce cases, especially on issues like the length of the relationship or nuances around shared children. Thorough preparation helps bridge that gap.
Why Relationship Duration Matters & How Same-Sex Couples Can Prove Long-Term Commitment
The length of a marriage is a major factor Missouri courts review when determining alimony. Yet for many LGBTQ+ couples, years or even decades of partnership may have passed before they could legally wed. Judges are often limited by statute to the legal marriage period, but showing evidence of a long-term, committed relationship can influence their perspective on maintenance awards.
Building a compelling record starts with gathering proof of joint finances, cohabitation, and mutual support. This might include joint lease agreements, utility bills, shared bank accounts, and insurance policies listing both spouses prior to marriage. Courts may also consider documentation of domestic partnerships, commitment ceremonies, or formal powers of attorney that predate legal recognition.
Missouri’s Criteria for Calculating Alimony in Same-Sex Divorce
Every maintenance case in Missouri is unique, but the core goal is to provide reasonable post-divorce support to a spouse who cannot meet their needs on their own. Statutory criteria guide the judge’s assessment for both same-sex and opposite-sex divorces. Important factors include the earning potential of each spouse, their work history, age, health, assets & liabilities, and the standard of living during the marriage.
If one spouse supported the career growth or personal advancement of the other—by managing the household, caring for children, or otherwise enabling greater earning capacity—courts are likely to take that into account. In same-sex marriages, periods of cohabitation prior to marriage may not count officially, but thorough documentation helps illustrate each spouse’s contribution to the couple’s shared financial life.
Maintenance in Missouri can be short-term, long-term, or indefinite, depending on the circumstances. For some couples, support may last just long enough for retraining or job searches. In other cases—especially where significant disparities in earning capacity or health exist—longer-term support may be justified. We help clients clarify, organize, and present the full financial and personal history needed for judges to make a fair assessment.
Can Missouri Courts Consider Pre-Marriage Cohabitation When Awarding Maintenance?
For same-sex couples, a central concern remains: will Missouri courts count the years of cohabitation before marriage became legal? Statutes define “marriage” strictly from the date of the marriage certificate. Still, well-prepared evidence of a longstanding, committed relationship can add context and potentially influence a judge’s decision—not by changing the official duration, but by demonstrating mutual dependence and investment that spanned years before legal recognition.
Evidence that may help include:
- Joint bank account statements or mortgage records from prior years
- Tax returns with the same address
- Significant shared assets or mutually incurred debts
- Affidavits from friends, family, or colleagues witnessing the relationship
- Adoption papers, guardianship documents, or shared parenting evidence
Checklist: What Evidence Should Same-Sex Spouses Gather for Alimony Claims?
Preparation matters. To support claims for maintenance as a same-sex spouse in Missouri, gather a robust mix of evidence spanning both the legal marriage and the years before. Documenting your partnership makes it easier for a court to consider the full context.
Here are some vital forms of proof:
- Joint financial records (checking, savings, loans, credit cards)
- Lease agreements, mortgage documents, and deeds listing both spouses
- Health insurance, life insurance, or retirement accounts naming each other as beneficiaries
- Records of shared business ventures or investments
- Parenting agreements, adoption decrees, or evidence of joint child-rearing
- Photos, correspondence, or formal partnership agreements showing long-term commitment
Overcoming Biases & Unique Challenges in Missouri Family Courts
While Missouri courts have grown more familiar with same-sex alimony considerations, unique challenges persist in some cases. Judges may have limited precedent to follow or may be unfamiliar with interpreting evidence from nontraditional relationships, particularly those starting before marriage equality. Demonstrating both legal & emotional investment in the relationship often requires advocacy outside of typical divorce cases.
Some LGBTQ+ individuals worry about unconscious bias, especially when seeking recognition for non-biological parenting, complex cohabitation histories, or roles in blended families. Preparing for these challenges means not only assembling documentation, but also building a persuasive narrative that fully represents the partnership’s dynamics..
How Child Support & Parenting Roles Affect Alimony in Same-Sex Divorce
Child support and alimony are considered separately under Missouri law, but each can influence the other’s calculation—especially for same-sex spouses juggling non-traditional parenting or adoption scenarios. If one spouse assumes primary parenting and the other holds more financial responsibility, both roles will impact maintenance and support decisions.
For couples where both spouses are legal parents, the court applies the same child support framework as it does for opposite-sex divorces. Where only one parent has a legal connection to the child, unique challenges arise: courts will examine the parenting arrangement, shared custody, and any historic financial or caretaking contributions in detail. Thorough evidence of shared parenting responsibilities or adoption is vital.
Practical consequences often extend beyond the initial divorce. Future modifications may depend on changing income, parental roles, or significant life changes—such as new relationships or relocations. Addressing these factors with strong documentation and strategy from the outset gives same-sex couples the best opportunity to protect all members of their family during and after the divorce process.
Connect with Galmiche Law Firm, P.C. for guidance from a team committed to protecting your spousal maintenance interests during your MO same-sex divorce. Reach us today at (636) 552-4841 for family law support tailored to your circumstances.