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Home Our Blog Will I Have to Pay Spousal Maintenance?

Will I Have to Pay Spousal Maintenance?

By Steve Bardol on March 10th, 2016 in blog, Divorce

 

Spousal Maintenance, also known as alimony, is a payment made by a husband or wife to their former spouse following their divorce. In Missouri, there is no set calculation to determine Spousal Maintenance. Judges typically evaluate case-by-case whether or not you will be paying (or receiving) maintenance, and, if so, how much. The following are some factors that contribute to most spousal maintenance decisions. For more information, contact St. Louis divorce lawyer, Stephen Bardol.

1. Earning Capacity

Do you hold a college degree with 20 years of experience in your career field? Has your spouse sacrificed his or her career to stay home and raise children? Judges usually take each spouses earning capacity into consideration when determining spousal maintenance. Earning capacity is a person’s ability to generate an income based on their skills, education, and experience. A working spouse may be ordered to pay their Ex, who worked as a homemaker and stay-at-home-parent, spousal maintenance until that spouse acquires the education or experience needed to support themselves

2. Property Division

Property division in Missouri can also play a crucial role when calculating spousal maintenance. If one spouse is awarded a larger portion of the marital property, this could affect the amount of spousal maintenance paid. For instance, if your spouse receives property (a rental home, a portion of a business, etc.) that is capable of bringing in revenue, then the judge may award a lower maintenance payment.

3. The Standard of Living During the Marriage

The judge frequently considers the standard of living during the marriage and the length of the marriage. Your spousal maintenance will reflect the economic circumstances of your union. Because Missouri law gravitates towards what is “equitable”, the judge will attempt to calculate an amount that allows both you and your former spouse to enjoy the same standard of living that you did during the marriage.

If you find yourself facing a divorce where spousal maintenance is likely to become a contested issue, contact our experienced St. Louis family law attorneys today.

Photo Credit: Brian D Perskin via Compfight cc

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Bardol Law Firm

34 North Gore Ave., Suite 203
St. Louis, MO 63119
(314) 918-0100

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  • About
  • Attorneys
    ▼
    • Stephen J. Bardol
    • Ann Vatterott Bruntrager
  • Practice Areas
    ▼
    • Divorce
      ▼
      • 50 Divorce Tips
      • Divorce in Missouri
      • High Net Worth Divorce
      • Mediation
      • Name Change
    • Family Law
      ▼
      • Child Custody
        ▼
        • Guardianship
        • Family Access
      • Child Support
      • Spousal Support
      • Modifications
      • Legal Separation
      • Family Law in Missouri
        ▼
        • Family Law Tips
      • Paternity
      • Grandparent Rights
    • Prenuptial Agreements
    • Adoption
      ▼
      • Agency Adoptions
      • Private Adoptions
      • Stepparent Adoptions
      • Interstate Adoptions
      • Grandparent Adoptions
      • International Adoptions
    • Orders of Protection
      ▼
      • Full Order of Protection
      • Ex Parte Order of Protection
      • Adult Order of Protection
      • Child Order of Protection
      • Foreign Order of Protection
      • Modifying of Order of Protection
      • Renewal of Order of Protection
  • Resources
    ▼
    • FAQs
    • Our Blog
    • Missouri Divorce Law
    • Child Support Calculator
    • Forms & Checklists
    • Family Law Links
    • Family Law Glossary
    • Circuit Courts Contact Information
    • Domestic Violence Corner
  • Start Here
  • Testimonials
  • Contact Us