Missouri Divorce & Family Law Blog

Missouri Divorce & Family Law Blog

for Missourians struggling with divorce and family law matters

Category Archives: Alimony / Maintenance

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Inability to pay spousal maintenance (alimony) and declining health support modification of spousal support award in Missouri.

Posted in Alimony / Maintenance, Modifications
Recent case: JPD v. KMD Missouri Court of Appeals, Eastern District – ED99338 Husband appeals from the trial court’s Judgment denying his  motion to modify his maintenance obligation owed to his ex-wife. Husband argues there was a substantial and continuing change in his income and circumstances between the last modification and this motion, making him … Continue Reading

Missouri Divorce FAQ: What is spousal maintenance (alimony), how is it calculated, and how long does it last in Missouri?

Posted in Alimony / Maintenance, Divorce, Financial Issues, military divorce, Modifications
In a Missouri divorce case, one of the issues that the Court will have to decide is the payment of maintenance (alimony) to the former spouse.  Spousal maintenance payments are monthly payments made from one spouse to the other when one spouse cannot support themselves.  A successful spousal maintenance claim will usually involve a situation … Continue Reading

Missouri Divorce FAQ: What is an Uncontested Divorce in Missouri?

Posted in Alimony / Maintenance, Assets and Debts, Child Support, Custody and Visitation, Divorce, Financial Issues, Legal Proceedings
An uncontested divorce in Missouri is a divorce where both the Husband and the Wife are in complete agreement with all terms of the divorce before the case is filed.  In almost all cases, if the case can be resolved as an uncontested matter, there will be substantial savings of both time and money, and … Continue Reading

Court must consider division of marital property before ordering spousal maintenance (alimony); Factors that determine amount of spousal support.

Posted in Alimony / Maintenance, Assets and Debts, Divorce, Financial Issues, Legal Proceedings, military divorce, Property Division
In a recent ruling from the Court of Appeals, Husband appealed the trial Court’s decision granting maintenance to the Wife, claiming, among other things, that the Court did not consider the Wife’s award of marital property, and the ability to earn income from it, in its maintenance determination.  The Court of Appeals agreed, remanding the … Continue Reading

Courts Bulletin: Modifiable maintenance granted at divorce is terminated when all of the reasons it was awarded have changed.

Posted in Alimony / Maintenance, Assets and Debts, Divorce, Financial Issues, Legal Proceedings, Modifications
An action to terminate modifiable maintenance was granted. The case is fact-specific, but deserves reporting simply because of the dearth of appellate cases in which modifiable maintenance is terminated. At the time of the parties’ divorce (dates not noted in opinion, but approximately 2003-2004), the Husband ran a business which earned him approximately $190,000 annually. … Continue Reading

Spousal Maintenance (Alimony) in Missouri: When Granted, Duration, Termination, Modifcation.

Posted in Alimony / Maintenance, Divorce, Financial Issues, Legal Separation, Modifications
Spousal maintenance, formerly known as alimony, can be awarded to either spouse in Missouri divorces.  To support the award, the Court must find that the spouse seeking maintenance (1) lacks sufficient property, including marital properly awarded, to meet their reasonable needs, and (2) the spouse is unable to support themselves through appropriate employment OR is … Continue Reading

When Attorney Fees Can Be Awarded in Divorce/Family Litigation

Posted in Alimony / Maintenance, Assets and Debts, Custody and Visitation, Discovery, Divorce, Financial Issues, Legal Proceedings, military divorce, Military Family Law, Modifications, Paternity, Trials
While Missouri courts normally follow the “American Rule” regarding legal fees – that each party is responsible for his or her own costs – Missouri dissolution of Marriage statutes give the court the discretion to order one party to contribute to the other party’s fees. Specifically, Section 452.355.1 provides:   Unless otherwise indicated, the court from … Continue Reading

Missouri no fault divorce – what it does and does not mean

Posted in Alimony / Maintenance, Assets and Debts, Child Support, Custody and Visitation, Divorce, Legal Proceedings, Marriage and Family, military divorce, Military Family Law, Property Division, Trials
Similar to other states, Missouri is a modified no-fault divorce state. However, there is some misconception out there about what this actually means for divorcing parties in Missouri. Modified no-fault divorce means that a party does not have to prove that their spouse committed some kind of misconduct, such as adultery, abandonment, financial, etc., in order for … Continue Reading

Alimony payments terminate upon recipient’s remarriage unless expressly agreed otherwise.

Posted in Alimony / Maintenance, Divorce
The Kansas Missouri Lawyers Blog had a great post recently discussing a recent Missouri ruling regarding the termination of maintenance (Alimony) payments when a former spouse remarries.  The complete article is as follows: The Missouri Court of Appeals recently held that absent an express agreement otherwise maintenance (alimony) payments terminate upon the recipient’s remarriage. The Court went … Continue Reading

The Financial Aspects of Divorce: Why It usually IS “All About The Money”

Posted in Alimony / Maintenance, Assets and Debts, Child Abuse, Divorce, Financial Issues, Legal Separation, military divorce, Property Division, Retirement Plans and Division
I can’t think of how many times that I have had a client tell me, regardless of what the issue is that is in dispute, that the opposing party is “just worried about money” or that it is “all about the money” for him or her, and that is their sole motivation in the case. Or maybe … Continue Reading

Recent Ruling: Property Division Accounts for Squandering

Posted in Alimony / Maintenance, Assets and Debts, Divorce
In a recent ruling by the Missouri Court of Appeals, the court upheld a trial court ruling where marital assets were divided unequally between the spouses, the division included money spent by a spouse after separation, and spousal maintenance was awarded even though the spouse receiving the maintenance also received the larger portion of the … Continue Reading

Be Careful When Incorporating Maintenance Into Marital Settlement Agreement

Posted in Alimony / Maintenance, Divorce, Financial Issues, Legal Separation, Modifications
An issue that I have seen a few times, and that was recently before the Court of Appeals for the Southern District, involves the incorporation of maintenance (alimony) provisions into a Marital Settlement Agreement, where the agreement provides that the terms are not subject to modification.    Extreme care should be used when drafting such a … Continue Reading

Division of Personal Injury Settlements in Missouri Divorce

Posted in Alimony / Maintenance, Assets and Debts, Divorce, Financial Issues, Property Division
In a divorce proceeding, a personal injury settlement can be a major asset that will have to be divided between the parties. Missouri uses the "analytical" approach to determine whether the settlement proceeds are marital, non-marital, or both. In a marriage dissolution proceeding, the trial court uses a two-step process for dividing property. The trial … Continue Reading

Domestic Support Obligations and Bankruptcy

Posted in Alimony / Maintenance, Assets and Debts, Child Support, Divorce, Financial Issues, Legal Proceedings, military divorce, Modifications, Property Division, Retirement Plans and Division
With so many people facing bankruptcy in the current climate, it may be good news to know (depending on which side you are on, of course) that the bankruptcy does not allow a person owing a domestic support obligation to use bankruptcy as a way to avoid payment of the debt. In fact, virtually any obligation … Continue Reading

Case Law Update: Award of Maintenance (Alimony) Upheld

Posted in Alimony / Maintenance, Divorce
Case Summary: Past standard of living is not the standard for setting maintenance, but Wife showed that she can not meet her reasonable needs by working presently or in the future because of poor health and limited education. Circuit Court awarded proper amount, but used wrong term, in awarding maintenance, so Court of Appeals amends … Continue Reading

5-18-07 This weeks Missouri Family Law Cases

Posted in Alimony / Maintenance, Modifications
Wife Concedes Ambiguous Term In Agreement; Prevails On Appeal Separation agreement provided non-modifiable maintenance to Wife, and Circuit Court found no basis for modification, so it had no power to modify maintenance. Husband’s points, all related to manner of modification, are therefore moot. Ambiguity remains in terms of agreement, but Wife’s concession of the point … Continue Reading

This Week in Missouri Family Law

Posted in Alimony / Maintenance, Assets and Debts, Property Division
Conduct During Marriage Influences Judgment Wife’s inability to support herself due to health problems and lack of skills supports award of maintenance. Evidence of Wife’s resources, from later hearing on attorney fees, is no basis for reversing Circuit Court’s award of maintenance. Husband’s use of resources, including extramarital affair, supports division of property and allocation … Continue Reading

Selling Your Home When Divorcing

Posted in Alimony / Maintenance, Assets and Debts, Financial Issues, Marriage and Family, Property Division, Uncategorized
The following are some infomative and useful tips on the sale of a residence in divorce from divorcehq.com For many people going through a divorce their biggest asset is their home or in legal speak, the marital residence. Deciding what to do about the marital residence is often a major issue in a divorce. There are a few … Continue Reading

Case Law Update:Debt to Spouse was not discharged in Bankruptcy

Posted in Alimony / Maintenance, Financial Issues, Property Division
Separation Agreement gave Amway distributorship to Wife for monthly payments to Husband. That payment was considered support because nothing else provided maintenance, the payment was in installments, it was subject to modification based on Amway profits, and it terminated on death of Husband. Trial Court erred in characterizing Wife’s debt to Husband as a property … Continue Reading

Tax implications of divorce I – Deduct your attorney’s fees?

Posted in Alimony / Maintenance, Divorce, Uncategorized
Attorney’s fees for professional services by a divorce attorney can be deductible, but not in their entirety.  Fees attributed to a dissolution of marriage are not deductible, which includes pleadings, court appearances, and non-tax related negotiations, custody, visitation, and child support fees.  You can only deduct for services performed in connection with actual tax advice … Continue Reading