Maintenance in a divorce case is based primarily on two important factors: need and an ability to pay. But what does that mean? Well, Missouri courts have the authority to grant alimony (spousal support) to either party. But before that happens, the spouse who is requesting alimony has to prove that he or she really needs to be supported AND that the other spouse has the financial ability to pay that support.
Assuming that thresh hold is reached, there are several other statutory factors that a court can then consider in determining what, if anything, would be a fair alimony award.
Those factors include:
1. The standard of living established during the marriage (the court will generally try to maintain that standard if reasonable)
2. The duration of the marriage (a long term marriage will generally create a stronger presumption of dependence than a short term marriage)
3. The age and the physical and emotional condition of each party (these factors often contribute to a court's determination of a spouse's ability to support himself or herself)
4. The financial resources of each party, the non-marital and the marital assets and liabilities distributed to each (as we saw above, the issue here is one of need versus ability to pay)
5. When applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment (the court may award a temporary or rehabilitative alimony sum for the purposes of helping a spouse to become self supporting in the near term)
6. The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.
7. All sources of income available to either party
West County Family Law represents clients requiring assistance and advice in family law matters relating to maintenance throughout the St. Louis area.
If you need to know whether an award of maintenance is appropriate as you begin a divorce or dissolution of your marriage, are currently in the process of figuring out a fair maintenance settlement, or if you are having problems or issues with a court-ordered maintenance arrangement, West County Family Law can help.
Alternatives to Monthly Maintenance Payments
Lump Sum Support
In several states, a spouse may pay the total maintenance obligation at the time of the divorce by giving the other spouse a lump sum payment equal to the total amount of future monthly payments. If you accept a lump sum maintenance payment, you may face tax consequences. For example, if you receive a lump sum payment you may be subject to taxes on the full amount for that year. But if the same payment is called a "settlement," you may not be taxed. Before signing an agreement it is recommended that you talk with an expert who understands the tax consequences of any lump sum support payment.