Divorcing couples want to know the law on spousal support. Most states call this kind of support “alimony,” while Missouri uses the term “maintenance.” That difference in terminology merely scratches the surface of the differences between how other states deal with this issue and how the law treats spouses seeking support in the Show-Me State.
Missouri law, established over 50 years ago, has created a test: Can the spouse seeking maintenance support him or herself? That test consists of two components: How much does it cost for the maintenance seeker to pay for their “reasonable needs,” and can they earn enough from employment, investment, or other forms of income to meet those needs? If the answer to the second question is “yes,” the maintenance discussion ends, and they no longer qualify.
However, if they are not able to earn enough to meet their needs, more questions follow. Can the other spouse earn enough to meet his or her own needs? Can they afford to pay some support to the maintenance seeker? And even if their income does not exceed their need, does it make sense for the court to redistribute some of the higher earner’s income to more equitably distribute the family’s income?
Then comes the question of duration, and the answer may come as a surprise. Although most states have laws limiting the duration of spousal support, usually linked to the length of the marriage, Missouri courts can only set an end date for maintenance in extremely rare circumstances, which means that the overwhelming majority of maintenance orders entered after divorce trials are unlimited in duration and will only terminate upon the remarriage of the recipient or the death of either spouse. Maintenance can be “modified” (increased or decreased) if a substantial change of circumstances occurs, but that will require a return to court.
However, in a negotiated settlement (and most cases are NOT tried, but are settled), couples can agree upon a limited term of maintenance, an outcome we see frequently from couples who anticipate a change in their circumstances or expect to remarry and who want to avoid having to re-hire lawyers in a few years to deal with these changes.
Maintenance is a challenging topic with outcomes often highly unpredictable. An experienced family law attorney will be able to explain how your family’s unique circumstances could be viewed under the law so that you can negotiate the best possible spousal support arrangement.
The family law attorneys at Paule, Camazine & Blumenthal have many years of experience in dealing with maintenance issues and can help you evaluate your options in this often confusing area of the law.
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