Maintenance, which is the Missouri word for alimony, is one of the great unknowns in Missouri family law.
With child support, there is a formula of who should pay, how much they should pay, and who is covering what. Maintenance, on the other hand, varies by county, Judge, or what day of the week your case is heard on (not really, but you get my point).
Often it comes down to which attorney can make the better argument, which is why you want a good lawyer who knows the law, preferably one who specializes in family law and knows the players involved.
Maintenance is an Order from the Court that has one party pay the other party a monthly amount to cover their reasonable needs. Typically, the higher earning spouse may be required to pay alimony to the lower earning spouse, who is often considered the dependent spouse or the spouse seeking support.
This is not to say that they will necessarily keep up the same standard of living, but reasonable food, shelter, and other normal living expenses are considered, as is the person’s ability to meet their own needs through employment. When determining maintenance, the requesting spouse must demonstrate a need for support, and the court considers the ability of the paying spouse to pay alimony.
It is generally not used as a punishment (a general misconception) or to allow an otherwise healthy person from working to support themselves, but more of a way to “balance the scales” a little bit (but not necessarily make them equal). Courts may expect the spouse seeking support to make efforts to become self-supporting, but dependent spouses may still qualify for maintenance if they cannot meet their needs.
Missouri judges have broad discretion to determine how much maintenance to award in a divorce. Awards are decided on a case by case basis, with the court considering all relevant factors, including the spouse’s ability to find employment or seek job training. The court may also require the spouse seeking maintenance to seek employment or participate in job training to improve their job skills and employment prospects.
Missouri courts have significant discretion when it comes to awarding spousal maintenance. Each divorce case is unique, and judges consider a variety of factors to determine whether alimony is appropriate. These factors include the financial resources of both spouses, the length of the marriage, and each spouse’s ability to support themselves after the divorce.
In some situations, the court may grant temporary alimony to provide financial support during the divorce process, while in other cases, permanent alimony may be awarded to ensure long-term financial stability. Missouri courts also take into account the potential tax implications of alimony payments, weighing the benefits and liabilities for both parties. Ultimately, the goal is to reach a fair outcome that addresses the financial needs of both spouses following the end of the marriage.
There are two types of maintenance in Missouri: Modifiable and Non-Modifiable.
A modifiable alimony order creates a legal support obligation for the payor spouse, which can be changed or terminated if circumstances change or upon further court order. Your Order needs to specify which one you have!
I will start with modifiable maintenance.
Modifiable maintenance is the only type of Maintenance a Court can Order if your case proceeds to trial.
This means that the Order will continue to be paid/owed until there is an Order from the Court stopping it or changing the amount.
Modifiable Maintenance can be modified upon a triggering factor, such as the remarriage of the spouse who receives the maintenance, the death of a party, or a showing of a material and continuing change in circumstances for either party. In order to modify alimony, a party seeking an alimony modification must demonstrate a substantial and continuing change in circumstances. This legal standard is required for the court to consider changing or terminating the existing order.
The first couple are easy.
My ex got married or died, so I should no longer be paying maintenance. The material and continuing change in circumstances, however, is a lot more of a gray area in Missouri. Didn’t get the bonus you are used to getting last year?
You probably cannot change maintenance unless you can show that there was a permanent change in the pay structure, loss of job (with no other prospects with equal pay available), or something else that convinces the Court that this reduction is not just significant, is going to be continuing into the foreseeable future, and that it is unreasonable to keep the previous Order in place when all factors are considered.
If you are looking to modify your maintenance Order, do not wait to file the Motion to Modify.
The Court cannot go back to when the change happened, only from the date that the matter is put before the Court (usually when the other party is served).
Do not wait a year and see what happens, or until all of the savings have been depleted, as you are not going to even have a chance to get that back unless a Motion has been pending. You are also likely going to have to keep paying while the matter is before the Court.
Keep in mind that modifiable maintenance can go up or down, and you can usually bet that the other party is going to file their own Motion. If your ex can no longer work for some reason, and your income went down by 10%, your maintenance may go up due to their reasonable needs increasing even though you make less.
Nonmodifiable maintenance, on the other hand, is exactly what it says. You have an Order to pay/receive a certain number of dollars per month for a fixed period of time. A lot of inexperienced attorneys try and claim that all maintenance is nonmodifiable, but unless there is a date that maintenance ends, you have modifiable maintenance. Nonmodifiable maintenance generally includes a specific termination date, after which payments cease. Nonmodifiable maintenance generally does not stop upon remarriage or death.
It is a Court Judgement that is awarded to you, with a fixed amount and timeframe. If your ex wins the lottery the day after the Judgment is final, it does not matter. You cannot go back and stop the maintenance award, or ask the Court to increase it. It is a Judgment that will remain in place until paid in full.
When negotiating a nonmodifiable maintenance settlement, parties may also consider legal fees as part of the overall financial arrangement.
Nonmodifiable maintenance can only happen is there is a settlement on the issue of maintenance. The Court cannot and will not order nonmodifiable maintenance. The only maintenance they can Order if the matter proceeds to trial is modifiable maintenance.
Related: What Happens if I am Served Divorce Papers?
Temporary maintenance, also known as pendente lite, is awarded during the divorce proceedings. The goal of temporary maintenance is to provide financial support until a final decision is reached.
Rehabilitative maintenance is awarded to a spouse who requires time to gain skills or education to become self-supporting. The maintenance usually covers the cost of tuition or training, and it’s awarded for a set period.
Permanent maintenance is awarded to a spouse who is not expected to become self-supporting. The maintenance is paid for an indefinite period and can only be modified in certain circumstances.
Reimbursement maintenance is awarded when one spouse paid for the other spouse’s education or training during the marriage. The maintenance reimburses the spouse for the expenses incurred.
Alimony payments can represent a substantial financial obligation for the paying spouse. In Missouri, the court may order these payments to be made on a regular basis—such as monthly or quarterly—or, in some cases, as a lump sum. When determining the amount and duration of alimony payments, the court carefully reviews the financial circumstances of both parties, including income, expenses, and outstanding debts. It’s important for both spouses to have a clear understanding of their financial situation before entering into an alimony agreement.
Consulting with a St. Louis divorce lawyer or family law attorney can help ensure that the alimony arrangement is fair and manageable, and that all financial obligations are clearly outlined in the divorce decree.
While child support and alimony are separate legal obligations, they often intersect in Missouri divorce cases. The court may consider the amount of child support one spouse is paying or receiving when determining the appropriate level of alimony. For example, if one spouse is already providing substantial child support, the court may adjust the alimony amount to reflect this existing financial commitment.
Conversely, if the other spouse is receiving significant child support, it may impact the calculation of spousal maintenance. Because these issues can be complex, it’s important to work with a family law attorney who understands how child support and alimony interact and when child support ends in the State of Missouri.
The tax treatment of alimony payments in Missouri has changed in recent years. Under current federal law, alimony payments are no longer tax-deductible for the paying spouse, nor are they considered taxable income for the receiving spouse. This shift can have a significant impact on the financial planning of both parties during and after divorce.
It’s crucial for both the paying spouse and the receiving spouse to understand how these tax changes affect their overall financial picture. A family law attorney can provide guidance on the tax implications of alimony payments and help negotiate an agreement that takes these factors into account, ensuring that both parties are prepared for the financial realities of their new circumstances.
Navigating the complexities of maintenance payments in Missouri can be challenging, especially when considering the different types of spousal support available—such as temporary, permanent, and rehabilitative maintenance. A divorce attorney can help you assess your financial circumstances, including your income, expenses, and future earning potential, to determine which type of maintenance is most appropriate for your situation.
Additionally, an experienced St. Louis divorce attorney can help you negotiate a fair maintenance agreement, taking into account the potential tax implications and ensuring that your rights are protected throughout the divorce process. By working with a knowledgeable divorce attorney, you can make informed decisions about your financial future and secure the support you need to move forward.
I like the idea of nonmodifiable maintenance because it means that you are not going to have to return to Court to get it to stop (or hire a divorce attorney again), and there is no danger of it going up or down. You can budget accordingly, and there are no surprises.
However, it is not appropriate in all circumstances. If you are unable to work to support your reasonable needs, and likely can never get to a point where you can, you do not want that amount going away in the future.
Maintenance is one of, if not the, most complicated subjects that the Family Courts have to deal with.
You need a knowledgeable attorney on your side to help you navigate the argument, preferably someone who has had the issue before the Judge on other cases and knows how they usually rule on such issues. This is not the time to use the lawyer friend your cousin has.
Get someone who knows the ins and outs of this issue, and you will have the best chance of success.
Contact the St. Louis Divorce Lawyers at Haefner Law Office for a free 30-minute phone consultation to see if maintenance is right for you.
Our team deals with these issues daily, and while there is no set rule on maintenance in place, we can provide guidance based on the experience we have.
May 21st, 2025
Divorce, Divorce Preparation, Missouri Divorce Laws, Property Division
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Child Support, Divorce, Divorce Process, Family Law, Missouri Divorce Laws
