A plain English guide to RSMo 452.335 and the rules around it
Missouri law does not use the word alimony. Courts award maintenance, money one spouse pays the other during or after a divorce, and only when the statute’s test is met.
Whether you may qualify, how much you could receive or pay, and how long it lasts all depend on the facts of your case. This guide to Missouri alimony laws walks through what the statutes say, the kinds of orders Missouri courts enter, the situations that change the usual result, and how a maintenance case moves through court. If you want to talk with someone about your own case, see our St. Louis alimony lawyer page.
The Two-Part Test for Maintenance in Missouri
Before a court can order maintenance, the spouse asking for it must show both of these (RSMo 452.335.1).
Not enough property
The spouse lacks sufficient property, including the marital property awarded to them in the divorce, to provide for their reasonable needs.
Cannot support themselves
The spouse is unable to support themselves through appropriate employment, or is the custodian of a child whose condition or circumstances make it appropriate not to require work outside the home.
Either spouse can ask for maintenance. The statute is gender neutral, and the question is need and ability to pay, not who earned more during the marriage. The law applies the same way in St. Louis County, St. Charles County, Jefferson County and across Missouri.
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The Factors a Judge Weighs
If both parts of the test are met, the court sets the amount and length after considering all relevant factors, including the ten listed in RSMo 452.335.2.
- Financial resources of the spouse seeking maintenance, including the marital property awarded to them
- Time needed for education or training to find appropriate employment
- Comparative earning capacity of each spouse
- Standard of living established during the marriage
- Obligations and assets of each spouse, including separate property
- Length of the marriage
- Age and physical and emotional condition of the spouse seeking maintenance
- Ability of the paying spouse to meet their own needs while meeting the other spouse’s
- Conduct of the parties during the marriage
- Any other relevant factor
No single factor controls, and there is no formula. Conduct is on the list, but maintenance is about need and ability to pay, so misconduct tends to matter most when it affected the marital finances.
Types of Maintenance Orders in Missouri
The statute does not use labels like rehabilitative or permanent. What it requires is that every maintenance order state whether it is modifiable or nonmodifiable, and it allows the court to set a termination date (RSMo 452.335.3). In practice, Missouri orders fall into these groups.
| Type | How it works | Can it change? |
|---|---|---|
| Temporary | Ordered while the divorce is pending, on a motion with a supporting affidavit (RSMo 452.315). It ends when the final judgment is entered. | Yes, before judgment, on a proper showing. |
| Limited term | Payments end on a set date, often to give a spouse time to finish training or return to work. Often called rehabilitative maintenance. | Only if the order is modifiable. |
| Open-ended | No end date. More common after long marriages when age or health limits employment. It still ends on death or remarriage unless the order says otherwise. | Only if the order is modifiable. |
| Maintenance in gross | A fixed total, paid in one lump sum or in installments. | Generally no. |
Some orders step down over time, with higher payments at first and a lower amount once the receiving spouse is working. Whether an order is modifiable is often the most important term in a settlement.
Situations That Change the Usual Result
Imputed income
When a spouse is self-employed, works in a cash-heavy field or is earning less than they could, a court can impute income based on work history, education and local pay rather than relying only on tax returns. Imputing income can raise or lower maintenance for either side. Our hidden assets page covers how unreported income is found.
Cohabitation after divorce
Living with a new partner does not end maintenance automatically. In a modification case, the court must consider the extent to which the receiving spouse’s reasonable expenses are, or should be, shared by the person they live with (RSMo 452.370.1). That can support a reduction or termination if the order is modifiable.
Remarriage or death
Unless the parties agreed otherwise in writing or the judgment expressly provides otherwise, the obligation to pay future maintenance ends on the death of either party or the remarriage of the spouse receiving it (RSMo 452.370.3). The paying spouse does not need to go back to court.
Prenuptial agreements
A prenuptial agreement can limit or waive maintenance. Missouri courts look at whether it was signed voluntarily with full financial disclosure, and may decline to enforce a waiver that is unconscionable at the time of divorce. See our page on prenuptial agreements in Missouri.
Federal tax changes
For divorce or separation agreements signed after 2018, maintenance is not deductible by the paying spouse and is not taxable income to the receiving spouse under federal law (IRS Topic 452). Missouri income tax starts from federal adjusted gross income, so it generally follows the same treatment. Have your attorney and tax adviser review settlement terms together.
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How a Maintenance Case Moves Through Court
Filing and financial disclosure
After a divorce is filed, both spouses exchange financial records, including tax returns, pay stubs, bank statements and lists of assets and debts, and file sworn statements of income and expenses.
Temporary orders
Either spouse can ask for temporary maintenance while the case is pending. The court uses the same 452.335 standards.
Negotiation or mediation
Many maintenance disputes settle. If the spouses agree, the court reviews the terms and includes them in the judgment.
Trial
If there is no agreement, each side presents financial evidence and a judge applies the statutory factors.
Payment and enforcement
Income withholding from the paying spouse’s wages generally starts when the order takes effect, unless the court finds good cause not to or the spouses agree in writing to another arrangement (RSMo 452.350). The court can also order payment through the circuit clerk (RSMo 452.345). Missed payments can lead to a contempt motion and collection through garnishment.
An uncontested case may finish in a few months. A contested maintenance dispute can take a year or more.
Questions About Your Own Maintenance Case
Maintenance law has a lot of moving parts. The property each spouse receives, the length of the marriage, income history and the other spouse’s finances all interact, and no formula produces a guaranteed result. What matters most early on is a clear picture of where you stand.
Bardol Law Firm practices family law and nothing else. Our alimony lawyers represent spouses on both sides of maintenance cases, and our spousal support page covers modification, retirement and cohabitation in more depth. We generally return calls within one business day.
Not sure how this applies to your situation?
Bardol Law Firm handles family law and nothing else, in St. Louis County, St. Louis City, St. Charles County and Jefferson County. We generally return calls within one business day.
Common Questions About Missouri Alimony Laws
Can maintenance be paid as a lump sum in Missouri?
Yes. A court can order maintenance in gross, a fixed total paid at once or in installments, instead of open-ended monthly payments. It is generally not modifiable.
Does cohabitation automatically end maintenance in Missouri?
No. Unlike remarriage, living with someone does not end maintenance automatically. In a modification case the court considers how far the new household shares the receiving spouse’s expenses, which can support a reduction if the order is modifiable.
Is maintenance taxable in Missouri?
Not for agreements signed after 2018. Under federal law, maintenance under those agreements is not deductible by the payer or taxable to the recipient, and Missouri generally follows the federal treatment. Older agreements follow the old rules unless modified to adopt the new one.
What happens if a spouse stops paying court-ordered maintenance?
The receiving spouse can ask the court to enforce the order. Options include income withholding, garnishment and a motion for contempt. The paying spouse cannot stop or reduce payments without a new court order.
Can a prenuptial agreement waive maintenance in Missouri?
It can, if it is valid. Courts look at whether it was signed voluntarily with full financial disclosure, and may refuse to enforce a waiver that is unconscionable at the time of divorce.
This page provides general information about Missouri maintenance law and is not legal or tax advice. Every situation is different, and outcomes depend on the specific facts. Reading this page does not create an attorney-client relationship.
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