When Spousal Support Is Awarded in Missouri Divorce Cases

Going through a divorce is hard enough without the added confusion of figuring out whether you might be entitled to financial support or required to pay it. Spousal support, which Missouri law calls “maintenance,” is one of the most misunderstood parts of the divorce process. Does it get awarded automatically? Is it permanent? What does a court actually look at when making this decision? If you are asking any of these questions, you are not alone.

What Missouri Law Says About Eligibility

Spousal support is not guaranteed in every Missouri divorce. Before a court will even consider awarding maintenance, two conditions must be met under RSMo § 452.335. First, the spouse requesting support must lack sufficient property to provide for their reasonable needs. Second, that spouse must be unable to support themselves through appropriate employment. Both conditions need to be present. If a spouse has substantial marital property coming their way from the divorce settlement, or if they are fully capable of earning a sufficient income, maintenance may not be awarded at all.

This two-part threshold is important to understand up front because many people assume that a long marriage or a large income gap automatically leads to spousal support. That is not how Missouri courts approach it. The starting point is always whether the requesting spouse truly cannot meet their reasonable needs on their own.

How Courts Decide the Amount and Duration

Once eligibility is established, the court has broad discretion in determining how much to award and for how long. Missouri law provides no fixed formula, so a judge weighs several factors on a case-by-case basis. Under RSMo § 452.335, those factors include:

• The financial resources of each spouse, including any marital property awarded in the divorce
• The time and cost needed for the requesting spouse to obtain education or training for suitable employment
• The comparative earning capacity of each spouse
• The standard of living established during the marriage
• The length of the marriage
• The age and physical and emotional condition of each spouse
• The tax consequences of the maintenance award
• The conduct of both spouses during the marriage

Because there is no set calculation, outcomes can vary significantly depending on the specific facts of each case. A short marriage with two working spouses will look very different from a lengthy marriage where one spouse stepped away from a career to raise children or support the other’s professional growth.

Missouri courts can award different types of maintenance as well. Temporary maintenance may be ordered during the divorce proceedings to help a spouse cover living expenses in the meantime. Rehabilitative maintenance is awarded for a defined period to allow a spouse to get back on their feet through education or job training. In cases involving long marriages or significant health concerns, the court may award longer-term or even indefinite maintenance, though these awards can always be modified or terminated if circumstances change.

What You Should Know If Spousal Support Is Part of Your Case

Spousal support disputes can be one of the more emotionally charged aspects of a divorce, particularly when there is a significant gap between what each side believes is fair. If you are facing a divorce in which maintenance is likely to be an issue, whether you are seeking support or expect to be asked to pay it, having an experienced advocate in your corner makes a real difference. We at Courtney & Mills understand how much is at stake, and our Springfield spousal support attorneys are here to make sure the full picture of your situation is presented clearly and effectively in court. If you have questions about how maintenance might apply in your case, we encourage you to reach out to Courtney & Mills today to schedule a consultation.

Source:

revisor.mo.gov/main/OneSection.aspx?section=452.335