The aftermath of a divorce can present financial and emotional difficulties for families. To balance the financial burden, the court may award alimony to make sure that neither spouse is impoverished after separation. You may have a general understanding of alimony, but you might have specific questions or concerns. The legal team at Checkett, Pauly, Bay & Morgan is here to help. Today on the family law blog, we provide an overview of how alimony works in Missouri.
What Is Alimony?
When a couple gets divorced, one of the spouses may not have enough income to cover housing and other expenses. Alimony (aka spousal support or maintenance) is a court-ordered provision from one spouse to the other before or after separation or divorce.
The purpose of alimony is to make sure that no spouse endures financial hardship while adapting to life after the divorce. Alimony laws vary from state to state, and how much alimony a court awards often depends on the case.
What Types of Alimony Are Available?
In Missouri, judges may order periodic, temporary, or permanent alimony, or a combination of these types. Permanent support is uncommon, but it may be appropriate if one spouse is disabled and cannot support him or herself. Periodic payments are usually monthly, and most judges secure them through an income withholding order added to the alimony award. For more information about the types of alimony, consult a Missouri family law attorney.
Who Qualifies for Support?
Either spouse, regardless of gender, can request alimony awards from the court. But alimony is not a right, and the court will only award it in the following circumstances:
The requesting spouse doesn’t have sufficient property (including marital property) to provide for basic needs
The spouse is unable to be financially independent through employment or has a child with needs that prevent him or her from working outside of the home
The Court Looks at Many Factors
If it’s appropriate for the court to award alimony, they examine many factors to determine the time and amount of the alimony award:
What are the financial needs of both spouses?
What are the earning capacities, obligations, and assets of each spouse?
How long will it take a supported spouse to get educated and trained to find employment?
What is the marital standard of living?
What is the age and physical and emotional condition of the supported spouse?
How long was the marriage?
Can the paying spouse remain financially independent while supporting the other spouse?
Each spouse’s conduct during the marriage (Did a spouse commit adultery?)
Any other relevant factors
While Missouri judges look at these factors, they don’t use a fixed method to award alimony.
Contact Checkett, Pauly, Bay & Morgan in Carthage, MO
The attorneys at Checkett, Pauly, Bay & Morgan have experience in handling family law and divorce cases. If you have questions about paying or filing an alimony claim, we’re ready to help. Call our Carthage office at (417) 358-4049 or fill out the contact form on our website.