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Maintenance, formally referred to as alimony, is a payment awarded as part of a divorce proceeding, usually as a monthly payment, from one spouse to another, with the intent of supporting the receiving spouse financially.

Maintenance may be ordered by the court in various situations, including where there is a large discrepancy in the earnings between the spouses so that the parties end up having a similar standard of living after the divorce.

Do you have concerns about the alimony determination in your divorce? Discuss your options with our Chesterfield lawyers. Give us a call at (636) 552-4841 today.

Factors in Calculating Maintenance & Amount Awarded

The Missouri Statute for Maintenance provides a two-tier test. The initial test for a party to be entitled to some level of maintenance is for the court to determine that the spouse seeking maintenance:

• Lacks sufficient property, including marital property apportioned to her or him, to provide for her or his reasonable needs
• Is unable to support herself / himself 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.

Additionally, the lifestyle established during the marriage may be a consideration. The Court may aim to enable both parties to maintain a similar standard of living post-divorce.

Once it is determined that a spouse may be entitled to some level of maintenance, some 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 financial resources of the party seeking maintenance, including income and marital property, are apportioned to her / him and her / his ability to meet needs independently
• The paying spouse’s ability to pay and the receiving spouse’s need for support
• The comparative earning capacity of each spouse
• The couple’s standard of living while they were married
• The obligations and assets, including the marital property, apportioned to her / him and the separate property of each party
• The duration of the marriage
• The age, and the physical and emotional condition of the spouse seeking maintenance
• The conduct of the parties during the marriage
• Any other relevant factors

Courts may also consider the mutual agreements or responsibilities defined during the marriage. For instance, if there was a mutual decision that one spouse would forego a career to support the household, this may be taken into account.

For maintenance, there is not a mathematical formula for determining the presumed amount of maintenance, unlike child support. Maintenance instead is calculated on a case-by-case basis.

Contact Galmiche Law Firm, P.C. - Free consultation. Call (636) 552-4841 or contact us online today!

Spousal Support Trends in Missouri

In recent years, there has seen been trends reflecting broader changes in maintenance and spousal support practices. There's a growing recognition of dual-income households, which has led to potential changes in how financial support is structured post-divorce. Some Judges are increasingly considering the potential for both parties to be financially independent, thanks to the societal shift toward dual-career marriages. This trend may impact the awarded spousal support.

Common Maintenance  Disputes & Resolutions

Maintenance disputes can occur over numerous issues, including but not limited to, the monetary amount, nd conditions that might lead to modifications. In Chesterfield, these disputes may arise due to disagreements in perceived earning capacities and resolutions typically may involve mediation where both parties, along with their attorneys, negotiate terms that reflect an equitable distribution of resources. At times, collaboration between legal representatives plays a pivotal role in achieving a fair outcome. Litigation may become necessary if agreements cannot be reached through negotiation or mediation, emphasizing the importance of having competent legal counsel like Galmiche Law Firm, P.C. to advocate on your behalf.