On behalf of Stange Law Firm, PC posted in Child & Spousal Support on Monday, June 10, 2019.
It has been detailed on this blog in the past that the awarding of alimony in divorce cases in Springfield is not automatic. Indeed, the court will take a very close look at both you and your ex-spouse to see where you might be financially as well as the circumstances of your marriage and subsequent divorce in order to determine if you should receive it (and for how long). Yet many of those that come to us here at The Stange Law Firm PC questioning whether there are truly any set criteria for the determination of spousal support, or whether the decision in each case is arbitrary.
While the court does indeed consider the circumstances of each individual case, there are indeed certain circumstances which favor the awarding of alimony. These can be found in Section 452.335.1 of Missouri’s Domestic Relations Code. The first fairly straightforward: if, after the awarding of your portion of your marital property, you still lack the resources needed to support yourself, then your chances of being awarded alimony may improve. Your alimony payments may be contingent on you trying to secure gainful employment, yet in some cases, that may not be possible.
This leads to the second defined scenario of when alimony may be needed. If you are unable to work (for whatever reason) or if finding a job will impede you fulfilling your domestic obligations to your children, then the court may likely order that your ex-spouse pay you maintenance knowing that such an obligation is likely to continue until to you remarry, your children become independent or you die.
You can learn more about the state’s guidelines for determining alimony by continuing to explore our site.
