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sarahsweets · Jun 05, 2019 at 01:30 PM

I found this:

Quote:

In Missouri, when a couple files for divorce, one of the spouses may be entitled to receive financial support from the other. This support is known as maintenance or alimony. A judge will make an alimony order when one spouse cannot maintain living expenses and the other spouse is financially able to provide support. The supported spouse may be disabled or may have a disadvantage in terms of education or career training. Maintenance is not meant to punish the paying spouse—rather, it is supposed to make sure that both spouses can maintain a standard of living after divorce that is as close as possible to what they had during the marriage.

When Alimony is Awarded
To determine whether alimony is appropriate, the judge will first evaluate whether the spouse requesting alimony has sufficient property to be self-supporting. If not, the next inquiry is whether the spouse can become self supporting by getting a job or some kind of education or training. A spouse may also need support if a child requires special care so that the parent’s employment outside the home would be inappropriate.

The Amount and Duration of an Alimony Award
If the court finds that it is appropriate to award maintenance, it looks at the following factors to determine the duration and amount:

the financial resources of the dependent spouse, including any property awarded during divorce
the time necessary for the dependent spouse to obtain further education and training
each spouse’s earning capacity
the standard of living established during the marriage
the duration of the marriage
each spouse’s assets and debts
each spouse’s conduct during marriage. and
the age and physical and emotional condition of the spouse asking for support and the ability of the other spouse to provide that support.
Modification and Termination of Alimony
In an order for maintenance, the judge may make the order modifiable or nonmodifiable. In a modifiable order, the spouses can come back to court for a change in the order if there has been a substantial change in circumstances—a change so substantial that continuing the order would make the terms unreasonable. For example, if the dependent spouse finds a job and had enough money to be entirely self-supporting, the court may reduce or cancel the payments. Moving in with a partner is also a change in circumstances that can affect a support award, and the supported spouse’s remarriage almost always ends support.

In a nonmodifiable order, the maintenance will continue even if both spouses’ circumstances have changed. Nonmodifiable orders generally have a set end date or are intended to last until a terminating event, such as remarriage of the supported spouse. It’s very rare for alimony to be truly permanent, meaning it lasts until the death of the supported spouse, but under special circumstances a judge might make such an order.

Unless the order states otherwise, a maintenance order is automatically terminated if the dependent spouse remarries or at the death of either spouse. However, in certain circumstances, the court may put into the order that the maintenance payments will continue even after remarriage or the death of the paying spouse.

Calculating Alimony
Missouri does not have specific guidelines for calculating alimony; each maintenance order is tailored to the specific circumstances of the case.

Quote:

Like many states, Missouri courts prefer to call alimony “spousal maintenance.” By any name, there are few definitive rules regarding when a judge orders it and how long the payments last. Missouri courts have a great deal of discretion when it comes to spousal maintenance or support. It usually comes down to the opinion of a single judge, based on the particular circumstances of your case.

Terms of Decree
Your divorce decree may or may not specify how long you have to pay maintenance to your ex. Generally, Missouri judges decide property division first, because this can affect both the paying spouse’s ability to provide support and the receiving spouse’s need for it. For example, an asset awarded to your spouse, such as a rental property, might produce income. Therefore, she would need less financial assistance from you. The court also looks to the earning capacity of the spouse seeking maintenance, so the duration of your marriage factors in. A spouse who has not worked in 10 years or more because she stayed home to take care of the family is more likely to receive maintenance than a younger spouse with career options. However, even younger spouses might receive support if they must remain a home to care for very young or disabled children.

Types of Alimony
Generally, Missouri courts do not order “permanent” alimony. Your divorce decree probably includes a termination date or is silent regarding a specific date when your obligation ends. Judges order termination dates based on how much time they feel a receiving spouse might reasonably need to acquire sufficient job skills or education to support herself. If your decree includes a termination date, you can usually expect to pay alimony until that time. If it does not, you’ll pay until either your circumstances or your spouse’s circumstances experience a significant change.

Other Factors
Some factors can terminate your support obligation sooner than expected. For example, if your ex remarries, you would not have to continue supporting her unless your decree specifically provides for this. However, this is rare. If she dies, she no longer requires your support. If you die, your estate may or may not have to continue paying your ex. In some cases, such as when the receiving spouse is disabled or older and cannot possibly support herself, judges will order a provision that she must continue receiving financial support from your estate or a life insurance policy after your death. Most decrees that include termination dates also include language requiring your ex to actively seek employment while she’s receiving support. If she makes no effort to find work so she can support herself, you have the right to petition the court and bring this to a judge’s attention. He might terminate your obligation to pay her alimony.

Modifications
Unless your decree specifically states that your support obligation is not modifiable, you usually have the right to petition the court if circumstances change. Generally, all orders without a termination date are modifiable. If something occurs that makes your alimony obligation “unreasonable,” you can file a motion with the court asking a judge to either end it or change it. However, it’s up to you to supply the court with proof of the changed circumstances, and the change must usually be permanent in nature. For example, if you lose your job, you’ll most likely pursue new employment. However, if you become disabled and can’t work, this is an ongoing problem. If your ex wins the lottery, she wouldn't need your support anymore. In situations such as these, the court will probably reduce or eliminate your support payments.