For many spouses, divorce is an increasingly emotional time, regardless of whether or not it was anticipated. However, you’ll find that one thing many fail to consider is the financial impact this process can have. One such matter that many have misconceptions regarding is alimony. As such, understanding how spousal support is calculated and the different types of alimony you can seek in Missouri is critical. The following blog explores what you should know about these matters and the importance of working with St. Louis alimony lawyers to discuss your legal options.
How Is Spousal Support Determined in Missouri?
Unfortunately, there is a common misconception surrounding alimony in which many believe the lower-earning spouse will automatically receive alimony as part of the divorce agreement, which is far from the truth. In reality, a spouse who wants alimony must request it when filing the petition. In addition, the court must examine several circumstances to determine if alimony is necessary.
The judge assigned to your divorce will examine the following when determining if alimony payments are necessary for your divorce:
- The age and health of each spouse
- The income and earning capacity of each spouse
- The length of the marriage
- The standard of marriage established
- If one spouse had to leave the work force to raise children
- If the spouse would require training or education to reenter the workforce
- The state of the job market at the time of divorce
What Are the Different Types of Alimony That Can Be Awarded?
In addition to determining if alimony is necessary and how much each payment should be, the courts must also determine what kind of alimony to grant the recipient. There are generally three forms of alimony that can be awarded to a recipient spouse in Missouri. The first is temporary alimony, which is awarded to the recipient spouse for the duration of the divorce process. Generally, this will stop once the final divorce decree is issued, at which point it could convert to a different type of alimony.
The next option is the most common, which is short-term alimony. This kind of alimony is used to help the recipient spouse until they can find employment and support themselves. Generally, you’ll find that a spouse who has sacrificed their career to raise children while the other works will receive this kind of alimony. Payments will last as the spouse receives the necessary education or training to secure employment.
Finally, the courts may award permanent alimony. Though this is increasingly uncommon across the United States, there are some instances in which it can be awarded. Typically, you’ll find that this is an option after long-term marriages end and the recipient spouse cannot enter the workforce due to age or health reasons. It’s also important to understand that though it’s called permanent alimony, this does not mean payments always last forever. They simply do not have an end date but can end if certain circumstances occur.
Alimony can be an incredibly complicated matter to navigate. Ensuring you have an experienced attorney on your side is critical to ensure you can fight for the most fair outcome, whether you are a paying or recipient spouse. That is why working with the Stobie Family Law Group is in your best interest. Our firm understands how hard these matters can be to navigate, which is why we are dedicated to fighting for the best possible outcome. Contact us today to learn more.
