Alimony, also known as maintenance, is a payment that is a court-ordered payment from one spouse to the other during and after the divorce process. These payments are very important in divorces where one spouse works full time and the other works in the home, taking care of the household, kids, or most often both. During the divorce process, it often leaves the non-employed spouse in situations where they cannot afford simple things such as food and housing. It would leave that person trying to apply for public assistance while the other spouse is not affected and can easily walk away during the divorce process. While it is more common for both spouses to work outside the home, trying to adjust from multiple incomes to one is nearly impossible for a low-earning spouse.
In Missouri, a judge may order the following types of alimony or spousal support-
- Temporary Support while divorce is pending
- Short-Term and Rehabilitative Support
- Long-Term or permanent support
- Reimbursement Support
If the court rules it to award alimony it will look at the following factors-
- Financial needs of both spouses and their ability to be financially independent
- The time the awarded spouse would need to acquire education and training to find employment
- Each ones earning capacity
- Marital standard of living
- Both parties obligations and assets
- Length of Marriage
- Supported Spouses age and physical/emotional condition
- The paying spouses ability to remain financially independent while providing support
- Conduct of each spouse during marriage
- Any other relevant factors
Alimony can be awarded in multiple ways. With periodic payments, the most common is monthly. A judge may enforce it to the stance where it is removed from your income on a regular basis. The penalty for not paying is high and can result in fines, liens, or even a jail sentence. For any alimony in Missouri related questions, contact Flesner Wentzel today!
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