Joplin Spousal Support Lawyer

Divorce can have a financial impact on families when one spouse has earned significantly more money or has greater access to funds. A Joplin spousal support lawyer assists with questions regarding maintenance payments that arise during and after divorce.

In Missouri, the court may consider the length of the marriage, the financial situation of each spouse, the spouses’ earning capacities, and the standard of living when addressing support issues. Bundy provides representation for those who seek, oppose, or modify spousal support.

Hire a Spousal Support Lawyer

Aaron Bundy has been recognized by Chambers High Net Worth, Best Lawyers, Super Lawyers, and Lawdragon for his work in family law.* In addition to his litigation experience, he has completed advanced education in financial planning and business valuation, which can be particularly relevant in cases involving income, earning capacity, and financial resources.

Aaron Bundy is also a Fellow of the American Academy of Matrimonial Lawyers and the International Academy of Family Lawyers, organizations that recognize accomplished family law practitioners.

Understanding Spousal Support in Missouri

Spousal support, which Missouri law refers to as maintenance, is a financial obligation that may arise during or after a divorce. Maintenance is not automatic in Missouri. A court may review the facts of each party’s situation and make a determination as to whether or not maintenance is warranted, and if so, on what terms.

Maintenance is sometimes necessary to address the financial imbalance between a divorcing couple. In some cases, one spouse may have an income, earning capacity, or financial resources that are much higher than the other. Maintenance issues are decided on a case-by-case basis depending on the facts of each case.

Factors Courts Consider When Awarding Spousal Support

Missouri courts consider a variety of factors in determining whether maintenance is appropriate. If maintenance is awarded, the court may also evaluate those factors when deciding the amount and duration of support. Such factors can include:

• The length of the marriage
• The financial resources of each spouse
• The financial needs and obligations of the parties
• Earning capacity and employment opportunities
• The standard of living established during the marriage
• The time necessary to obtain education or job training
• The ability of one party to meet their needs and support the other

Income disparities are often a central issue in maintenance disputes. As of 2024, the U.S. Census Bureau reported that women who worked full-time, year-round in the United States earned 83% of men’s full-time, year-round median income. Since every marriage presents different circumstances, maintenance decisions are highly fact-specific and depend on the evidence presented.

Temporary vs. Long-Term Spousal Support

Maintenance may be an issue at various stages of a divorce case. A party may make a request for temporary support to meet financial needs while a case is pending. A court may also consider an award of longer-term maintenance as part of the final divorce judgment.

The amount and duration of support will vary based on the particular facts of each case, such as the length of the marriage and the respective spouse’s ability to become self-supporting. A divorce can have a financial impact on both spouses.

Modifying or Terminating Spousal Support

Missouri allows for the modification of maintenance orders in certain situations when a substantial and continuing change in circumstances has occurred. Changes in employment, income, retirement, health conditions, or other significant circumstances may affect whether an existing order remains appropriate. In some cases, the obligation to pay maintenance may end due to events recognized by law.

For those in the Joplin area, maintenance disputes and modification requests are often processed through the Jasper County Circuit Court when certain jurisdictional requirements are met. Understanding the circumstances that may support a request for modification can help individuals assess their legal options.

FAQs

Does Spousal Support End if the Recipient Remarries?

Missouri law provides that many spousal support, or maintenance, obligations end upon the remarriage of the recipient spouse, although the terms of the court order or settlement agreement may affect the outcome. Mo. Rev. Stat. § 452.370 addresses circumstances that may result in the termination of maintenance. The specific language of a divorce decree or settlement agreement can affect whether support continues after remarriage.

Can Spouses Agree to Waive Maintenance?

Spouses in Missouri may contract to waive maintenance in a separation agreement negotiated during the course of a divorce. When such an agreement is approved by the court, it may become part of the final judgment of dissolution.

The enforceability of a maintenance waiver depends on the language of the agreement and the surrounding circumstances. Due to the potentially far-reaching financial consequences of waiving maintenance, it is often important to carefully review the terms of a proposed settlement.

Is Spousal Support Taxable?

For most divorces that have been finalized after December 31, 2018, maintenance is not deductible by the paying spouse and is not included in the income of the recipient spouse for federal income tax purposes.

There are different rules for some older divorce settlements or modified orders. The tax consequences for different situations vary, so it is important to review the terms of the divorce judgment and applicable tax law when considering issues related to maintenance.

Can Maintenance Be Included in a Prenuptial Agreement?

A prenuptial agreement might have a provision dealing with maintenance obligations in the future. Missouri courts will generally enforce a valid and enforceable prenuptial agreement. The enforceability of any maintenance provision will depend on the specific facts of the case and applicable law.

An agreement can limit maintenance rights, waive them, or simply define the terms. When deciding if a maintenance clause is enforceable, the court considers the agreement alongside the relevant circumstances.

Contact a Joplin, MO Spousal Support Lawyer

Maintenance awards can have a significant impact on the parties’ financial situations long after divorce is final. In a case involving a request for maintenance, a challenge to maintenance, or a modification of an existing support order, the help of a qualified attorney is vital.

Bundy has experience working with clients on spousal support issues in the context of divorce and post-decree family law disputes in Missouri. Schedule a consultation today to hire a spousal support lawyer.

*Recognition and awards are not guarantees of future results. Selection criteria differ by organization.