All Laws Decoded

Alimony and Spousal Support in Missouri

How Missouri decides spousal support (alimony), the factors courts weigh, and how marital property is divided.

Short answer: Maintenance may be awarded only if the spouse seeking it lacks enough property, including marital property received, to meet reasonable needs, and cannot support themselves through appropriate employment or is caring for a child whose circumstances make it appropriate not to work outside… RSMo § 452.335

Alimony (spousal support)Maintenance may be awarded only if the spouse seeking it lacks enough property, including marital property received, to meet reasonable needs, and cannot support themselves through appropriate employment or is caring for a child whose circumstances make it appropriate not to work outside the home. The amount and duration are what the court considers just after considering factors including financial resources, time needed for education or training, comparative earning capacity, the marital standard of living, obligations and assets, length of the marriage, age and health of the spouse seeking support, the other spouse's ability to pay, and conduct during the marriage. The order must say whether it is modifiable and may include an end date. The statute sets no formula.
Dividing propertyMissouri is an equitable distribution state. The court sets apart each spouse's nonmarital property and divides marital property and debts in proportions it considers just, considering each spouse's economic circumstances (including whether the parent with custody should have the family home), each spouse's contribution, including as a homemaker, the value of nonmarital property, the spouses' conduct during the marriage, and custodial arrangements for minor children. Marital property is property acquired by either spouse during the marriage, except gifts and inheritances, property exchanged for pre-marriage or gifted property, property acquired after a legal separation decree, property excluded by a valid written agreement, and increases in value of nonmarital property unless marital assets or labor contributed to the increase. Property acquired during the marriage is presumed marital regardless of title, and nonmarital property does not become marital just because it was commingled.

Where to get help in Missouri

More Missouri divorce & family law

FAQ

How is alimony decided in Missouri?
Maintenance may be awarded only if the spouse seeking it lacks enough property, including marital property received, to meet reasonable needs, and cannot support themselves through appropriate employment or is caring for a child whose circumstances make it appropriate not to work outside the home. The amount and duration are what the court considers just after considering factors including financial resources, time needed for education or training, comparative earning capacity, the marital standard of living, obligations and assets, length of the marriage, age and health of the spouse seeking support, the other spouse's ability to pay, and conduct during the marriage. The order must say whether it is modifiable and may include an end date. The statute sets no formula.
Is Missouri a community property state?
Missouri is an equitable distribution state. The court sets apart each spouse's nonmarital property and divides marital property and debts in proportions it considers just, considering each spouse's economic circumstances (including whether the parent with custody should have the family home), each spouse's contribution, including as a homemaker, the value of nonmarital property, the spouses' conduct during the marriage, and custodial arrangements for minor children. Marital property is property acquired by either spouse during the marriage, except gifts and inheritances, property exchanged for pre-marriage or gifted property, property acquired after a legal separation decree, property excluded by a valid written agreement, and increases in value of nonmarital property unless marital assets or labor contributed to the increase. Property acquired during the marriage is presumed marital regardless of title, and nonmarital property does not become marital just because it was commingled.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.