Missouri Divorce Alimony
The Missouri divorce alimony is granted by the court based on two conditions. The one is that when the receiving spouse does not own sufficient amount of property that would help him or her to support one’s living. The court takes the decision of awarding alimony if it finds that spouse is denied of fair deal regarding distribution of the marital property and assets. Another very important circumstance that makes the court to decide on the rewarding of alimony is incase the spouse has been granted with child custody.
Sometimes, the parent getting the right on child custody many not be able to move out and seek for a job as his or her presence inside the home is required for the wellbeing of the child. Under such circumstances the spouse taking care of the child and the family may be granted with a hefty sum of alimony. The following are the guidelines mentioned in Missouri Statutes of Title 30 in Chapter 452 - sections: 335 and 345 that are considered while determining the sanction of alimony.
The Missouri alimony divorce can be modified in future if the court finds ‘substantial and continuing change in circumstances’. The permanent alimony gets terminated with the death of either of the spouse or if the receiving spouse remarries or stays with a partner even if not married to him or her.
- The financial status and the monetary resources of the spouse who is asking for the alimony.
- The duration of the rehabilitative alimony is determined by the amount of time required by the receiving spouse to become financially strong enough to support oneself. Generally, the duration of the alimony lasts till the completion of an educational course or any career oriented training programs pursued by the alimony seeking spouse.
- The earning capacity of both the spouses is an important determinant for granting alimony.
- The standard of living before and after the divorce of both the spouses.
- The length of the marital life led by the spouse now seeking for divorce is helpful in determining the duration of Missouri divorce alimony.
- The physical and mental condition of the spouse who is asking for the maintenance is also considered.
- It is also kept under observation whether the payer spouse is himself or herself capable enough to maintain a quality lifestyle along with supporting the other to provide a standard of living.
- The conduct of each of the parties during their marriage life. The judgment may get affected if the spouse asking for the alimony has conducted any form of marital misconduct that has ultimately led to divorce.
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