Recent Case: Missouri Court of Appeals upholds Judgment denying spousal support when sufficient property is awarded

Wife appeals from the trial court’s judgment that dissolved her marriage with Husband, divided marital property and marital debt, and denied her an award of maintenance. Wife challenges only the trial court’s denial of an award of maintenance.

Judgment Affirmed.

In an action for the dissolution of marriage, Missouri statutes allow an award of maintenance to spouse who cannot meet reasonable expenses through appropriate employment and property, including that awarded in dissolution action.

The evidence established that Wife was capable of working a full-time job and that Wife’s expenses were inflated on her income and expense statement. Further, the judgment awarded Wife her individual retirement account and half of Husband’s retirement account. Wife’s income and access to retirement account distributions combined to afford her with sufficient assets to provide for her reasonable needs so that the trial court did not abuse its discretion in denying Wife maintenance.

Missouri Court of Appeals, Western District – WD78527

Filed March 15, 2016