One of the main issues that is often in contention in a divorce is the issue of spousal support (formerly known as alimony). If one spouse was a stay-at-home parent and the other worked full time, the question of whether one party will pay the other spousal support, how much that will be each month, and how long that will be paid, is often at the top of the list of questions.
In Missouri, whether one party pays the other spousal support depends on many factors. Do both parties work? If so, how much do they each earn? If one party does not work, when was the last time they did work, and what did they earn when they were working? Is one party unable to work full-time as a result of any disability; and if so, is that disability temporary or permanent? Just because someone may not be employed full-time at the time of the divorce, a court may impute income to them at a full-time salary, if they are capable of working full-time.
After looking at employment, other questions surround the reasonable needs of each party. The courts in Missouri must look at reasonable needs, and not “the lifestyle to which a person has become accustomed.” However, the reasonable needs of a person are often impacted by the lifestyle of the parties during the marriage. The court must then assess whether each party can support his/her reasonable needs based on full-time employment.
Additionally, a court may look at whether there are children with special needs that would require at least one parent to be at home, or work only part-time, to address that child’s needs. These are just some of the factors that may come into play in addressing the issue of spousal support in Missouri.
For questions about divorce, spousal support, or any other family law matter, please contact one of the attorneys at Lee & Decker Family Law, LLC.