Quick AnswerMissouri calls it 'maintenance' rather than alimony, but the impact is the same — potentially thousands of dollars per month. Courts consider each spouse's needs and abilities, the length of the marriage, and the lifestyle established during the marriage. Thompson & Walker fights for fair outcomes on both sides.
How Missouri Courts Award Spousal Maintenance
Under RSMo § 452.335, a court may award maintenance if the requesting spouse lacks sufficient property after division to provide for their reasonable needs, AND cannot support themselves through appropriate employment. Both conditions must be met. When awarded, the court then determines the amount and duration.
Factors Courts Consider
- Financial resources of each spouse after property division
- The time needed to acquire education or training for employment
- The standard of living established during the marriage
- Length of the marriage
- Each spouse's age, physical and emotional condition
- Each spouse's ability to meet their own needs
- Conduct of the parties during the marriage
Types of Maintenance
Temporary Maintenance: Awarded during the divorce proceedings to maintain the status quo and prevent financial hardship before the divorce is finalized.
Rehabilitative Maintenance: Time-limited support to allow a spouse to complete education, training, or re-enter the workforce. Most common.
Long-Term or Permanent Maintenance: Reserved for long marriages where one spouse is unlikely to become self-supporting due to age, health, or career sacrifice.
Missouri Law: RSMo § 452.335 (maintenance), RSMo § 452.370 (modification of maintenance)
Frequently Asked Questions
Does Missouri award alimony? ▾
Yes, though Missouri calls it 'maintenance' rather than alimony. Courts may award spousal maintenance when one spouse cannot meet their reasonable needs through their own property and employment. RSMo § 452.335.
Can maintenance be modified after the divorce? ▾
Yes, if there's a substantial change in circumstances — such as a significant change in income, remarriage of the recipient, or cohabitation by the recipient. Both parties can seek modification.
Does remarriage terminate spousal maintenance in Missouri? ▾
Generally yes. Remarriage of the recipient spouse typically terminates maintenance obligations automatically. Cohabitation may also be grounds for termination depending on the original agreement.
How long does spousal maintenance last in Missouri? ▾
Duration depends on the circumstances. Short marriages typically result in short-term rehabilitative maintenance. Long marriages (20+ years) where one spouse sacrificed career opportunities may result in long-term or open-ended maintenance.
Is spousal maintenance taxable in Missouri? ▾
Under current federal tax law (post-2018), alimony/maintenance payments are no longer deductible by the payer or taxable income to the recipient for divorce agreements entered after December 31, 2018.