St. Charles Spousal Maintenance Lawyers

Consult Our St. Charles Alimony Attorneys for Guidance

In Missouri, couples who have divorced may seek spousal maintenance. The spouse can receive the benefit of regular payments meant to maintain the standard of living once shared during the marriage. Spousal maintenance is not granted automatically. One spouse or the other must file to receive maintenance payments, and the courts will examine the situation based on the spouse’s respective incomes.

Smith Law Offices, LLC believes in providing only the highest quality of legal services for our clients. We handle a wide variety of cases involving family law, but we also have a firm grasp of how to handle different practice areas.

Factors Judges Consider for Spousal Maintenance

While married, couples become used to living a certain lifestyle. After divorce, that lifestyle can be difficult to maintain, particularly if one spouse was more dependent on the other financially. A judge can then discern whether or not awarding spousal maintenance would be appropriate.

After evaluating these elements, the judge will ultimately come to a decision about the spousal maintenance award. Every situation stands on its own—there are no cookie-cutter or one-size-fits-all solutions. If you are applying for spousal maintenance, our St. Charles spousal maintenance attorneys can assist you.

You will need to present a comprehensive list of your finances, bills, and other responsibilities. This gives the judge more to work with, and can ensure you receive an appropriate amount of spousal maintenance.

Types of Spousal Maintenance in Missouri

In Missouri, there are several types of spousal maintenance arrangements judges can award to alimony payors and recipients.

• Temporary alimony orders typically only last while a divorce is ongoing and exists to help individuals remain financially stable while they finalize their divorce.
• Periodic, or rehabilitative alimony, can remain in place after a divorce is finalized. However, periodic alimony arrangements do typically have deadlines. When an individual is currently not able to support themselves financially but could do so in the future with the right training or education, a judge may implement periodic alimony to support that person while they become financially stable. Deadlines are often implemented to ensure that the alimony recipient doesn't take advantage of the alimony and avoids seeking further employment or training.
• Permanent alimony has no set end-date. Judges award permanent alimony in cases where the court believes that a party is incapable of supporting themself financially post-divorce at any point in the foreseeable future. Judges often award permanent alimony to payors who suffer from a medical condition that prevents them from achieving financial independence, or in cases where the parties have been married for a substantial length of time, and the recipient may be too old to effectively re-enter the workforce.

Our alimony attorneys in St. Charles understand the ins and outs of spousal maintenance cases in Missouri. We'll work with you every step of the way to ensure your rights remain protected and you pursue a spousal maintenance arrangement that's truly equitable.

How the Length of the Marriage Affects Spousal Maintenance?

In Missouri, the amount of spousal maintenance and its duration depend on various factors, including the length of the marriage. The court evaluates the circumstances of each case to determine whether alimony is warranted and for how long it should be paid.

Short-Term Marriages (Less than 5 years):

• In these cases, if spousal maintenance is awarded, it is typically temporary and intended to provide support while the recipient spouse becomes financially self-sufficient. It is generally awarded for a short period of time, such as a few months or up to a year.

Medium-Term Marriages (5 to 10 years):

• Alimony may last a few years, particularly if the receiving spouse requires time to complete education or training to improve their earning capacity. The amount may decrease over time, and the court may also consider the standard of living during the marriage.

Long-Term Marriages (More than 10 years):

• In long-term marriages, alimony may be awarded for an extended period, potentially until the receiving spouse remarries, reaches retirement age, or becomes financially independent. In some cases, the court may award alimony for a duration that reflects the length of the marriage.

Very Long Marriages (Over 20 years):

• Alimony is more likely to be long-term or permanent in these cases, although modifications can still be made if there are significant changes in the circumstances of either party.

Does Adultery Affect Alimony in Missouri?

Missouri is a no-fault divorce state, which means that adultery, while it may be a factor in the breakdown of the marriage, does not typically influence the court's decision on alimony. In no-fault divorce states, the court does not consider marital misconduct (such as adultery) when determining how assets will be divided or whether alimony will be awarded. Instead, the court focuses on factors like financial need, the duration of the marriage, and the ability of each spouse to support themselves.

How to Avoid Paying Alimony in Missouri?

In Missouri, there is no guaranteed way to completely avoid paying spousal maintenance, as the decision is ultimately up to the court and depends on the circumstances of the case. However, there are a few factors that may influence whether or not you will be required to pay spousal maintenance, as well as strategies that could potentially reduce the amount or duration of maintenance:

• Prove Financial Independence of the Spouse: If the spouse requesting alimony has the financial ability to support themselves independently, they may not be awarded alimony. 
• Negotiate a Settlement: If you and your spouse can reach a mutual agreement, you may be able to avoid a court-awarded alimony order altogether. 
• Spouse’s Misconduct: While Missouri is a no-fault divorce state, the court may consider certain misconduct, such as extreme behavior (e.g., physical abuse), when determining alimony. However, adultery, in most cases, does not automatically affect alimony awards unless it can be shown to have a direct financial impact on the marriage.
• Health and Age Considerations: If there are significant financial challenges on your part due to health or age, it could influence the court’s decision to not award alimony or reduce the amount requested.

While these are potential ways to influence the outcome, the best approach is to consult with an experienced St. Charles spousal maintenance attorney who can provide guidance on your specific situation and advocate on your behalf in court.

How to Modify or Terminate Spousal Maintenance?

Spousal maintenance can be modified or terminated in certain circumstances, and working with skilled spousal maintenance lawyers in St. Charles is crucial if you believe that your maintenance order should be adjusted.

Common reasons for modification or termination include:

• Changes in financial circumstances, such as a substantial increase or decrease in income.
• Remarriage of the receiving spouse.
• Cohabitation of the receiving spouse with a new partner.
• Health or age changes.

Contact Smith Law Offices, LLC for Assistance!

By hiring our St. Charles spousal maintenance attorneys, you can feel confident knowing that you have a proven, experienced team by your side. We can advise you on the right steps to take and help you maneuver the legal system effortlessly. 

We want you to be able to ease the transition to your new life after divorce as effortlessly as possible. That is why you should contact us right away to see how we can help!