Missouri Alimony

Alimony is part of the divorce process. It helps the lower-earning spouse transition out of marriage and back into the workforce. Spousal support, or spousal maintenance, is not guaranteed in Missouri divorces. Courts only order support payments when one spouse requests it during a divorce or legal separation.

Either spouse may request alimony. Unlike some states, which use alimony calculators to determine the amount of an award, Missouri courts require judges to make an initial finding of a need for alimony before setting an amount.

In most cases, alimony has a termination date. It only lasts until the recipient spouse is self-supporting or remarries.

Missouri Alimony Laws

Missouri law has a two-part process for determining alimony payments. First, a judge must decide if the party requesting the maintenance order:

• Lacks sufficient property, including marital property and child support payments, to provide their reasonable needs
• Cannot support themselves through appropriate employment due to lack of education or work skills, or is the custodian of a child and cannot seek outside employment

If the requesting spouse meets both factors, the judge moves on to the factors provided in Missouri Revised Statutes § 452.335:

• The age, health, and emotional condition of the spouse requesting alimony
• The other financial resources of the requesting party, including marital and separate property
• The earning capacity of each spouse
• The duration of the marriage
• The time needed for the requesting spouse to get enough education or job skills to find employment
• The ability of the paying spouse to meet their needs and make maintenance payments and other support orders
• Any other relevant factors

Unlike some states, Missouri judges can consider the parties' conduct during the marriage when making the maintenance award. Marital misconduct, such as waste or domestic violence, can affect the duration and amount of maintenance.

Types of Spousal Support

The judge may award the dependent spouse different types of alimony depending on the spouse's financial needs.

Temporary maintenance, or pendente lite alimony, is short-term support paid during divorce. It helps one spouse pay legal fees or basic needs until the divorce decree is final.

Rehabilitative maintenance pays for a spouse's financial aid for education or vocational training. This support helps the spouse become self-supporting following the marriage.

Reimbursement maintenance can be part of the marital property division. It compensates a spouse who supported their partner during education or job training during marriage. For instance, a spouse who paid for their partner's school or took a lower-paying job to support their partner's relocation gets compensation for their sacrifice.

Permanent maintenance gets awarded when a supported spouse is unlikely to become self-sufficient. Older spouses who have not worked for many years, those with mental or physical impairments, and similar situations get permanent maintenance.

Modifying Spousal Maintenance

Judges base maintenance orders on one spouse's needs and the ability of the spouse to pay. If either spouse experiences a significant change of circumstances, the court may modify the alimony order if the original order is modifiable.

If the order was nonmodifiable, other courts can't alter it. Nonmodifiable permanent alimony is most likely if a spouse is unlikely to support themselves, remarry, or have other financial resources.

Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state law(s) before making any legal decisions.

Research the Law

• Missouri Laws
• Missouri Revised Statutes and Constitution

Missouri Alimony: Related Resources

• Missouri Divorce Laws
• Missouri Marital Property Laws
• Missouri Child Support Guidelines
• Alimony Guidelines: What Records to Keep
• Are You Entitled to Alimony (Spousal Support)?

Get Legal Advice from a Missouri Family Law Attorney

In a divorce case, questions of alimony are almost as important as child support. During divorce proceedings, you need legal advice to make the best decisions about your future. Talk to an experienced Missouri divorce attorney for answers.