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Spousal Maintenance Lawyers in St. Charles MO
Seek Counsel from our St. Charles Alimony Attorneys
In Missouri, couples who have divorced may seek spousal maintenance. The spouse can receive the benefit of regular payments meant to maintain the standard of living once shared during the marriage. Spousal maintenance is not granted automatically. One spouse or the other must file to receive maintenance payments, and the courts will examine the situation based on the spouse’s respective incomes.
Smith Law Offices, LLC believes in providing only the highest quality of legal services for our clients. We handle a wide variety of cases involving family law, but we also have a firm grasp of how to handle different practice areas.
By calling our St. Charles alimony lawyers, you can benefit from having a husband-and-wife team who is invested in your best interests.
The Judge’s Considerations
While married, couples become used to living a certain lifestyle. After divorce, that lifestyle can be difficult to maintain, particularly if one spouse was more dependent on the other financially. A judge can then discern whether or not awarding spousal maintenance would be appropriate.
Under Missouri Statute 452.335, spousal maintenance can be granted under the following conditions:
- One spouse lacks “sufficient property” to support him or herself
- One spouse cannot adequately support him or herself, and a child, by gaining employment
The judge may use the following factors in the decision-making process:
- The finances and income of the spouse who is filing for maintenance
- How much time the spouse seeking maintenance needs to secure a job
- Each spouse’s respective earning potential
- The couple’s standard of living while they were married
- The financial obligations of each respective spouse
- The length of marriage and each spouse’s conduct during that time
- Each spouse’s age, physical condition, and emotional state
- How well the souse can meet both his or her needs, and the needs of the spouse seeking maintenance
After evaluating these elements, the judge will ultimately come to a decision about the spousal maintenance award. Every case stands on its own—there are no cookie cutter or one-size-fits-all solutions. If you are applying for spousal maintenance, our St. Charles spousal maintenance attorneys can assist you.
You will need to present a comprehensive list of your finances, bills, and other responsibilities. This gives the judge more to work with, and can ensure you receive an appropriate amount of spousal maintenance.
Types of Spousal Maintenance in MO
In Missouri, there are several types of spousal maintenance arrangements judges can award to alimony payors and recipients.
Temporary alimony orders typically only last while a divorce is ongoing and exists to help individuals remain financially stable while they finalize their divorce.
Periodic, or rehabilitative alimony, can remain in place after a divorce is finalized. However, periodic alimony arrangements do typically have deadlines. When an individual is currently not able to support themselves financially but could do so in the future with the right training or education, a judge may implement periodic alimony to support that person while they become financially stable. Deadlines are often implemented to ensure that the alimony recipient doesn't take advantage of the alimony and avoids seeking further employment or training.
Permanent alimony has no set end-date. Judges award permanent alimony in cases where the court believes that a party is incapable of supporting themself financially post-divorce at any point in the foreseeable future. Judges often award permanent alimony to payors who suffer from a medical condition that prevents them from achieving financial independence, or in cases where the parties have been married for a substantial length of time, and the recipient may be too old to effectively re-enter the workforce.
Our alimony attorneys understand the ins and outs of spousal maintenance cases in Missouri. We'll work with you every step of the way to ensure your rights remain protected and you pursue a spousal maintenance arrangement that's truly equitable.
Reach Out to Smith Law Offices, LLC!
By hiring our family lawyers, you can feel confident knowing that you have a proven, experienced team by y our side. We can advise you on the right steps to take and help you maneuver the legal system effortlessly. We want you to be able to ease the transition to your new life after divorce as effortlessly as possible. That is why you should contact us right away to see how we can help!
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