How to Obtain Spousal Support in Missouri

How to Obtain Spousal Support in Missouri

Spousal support, also known as alimony, is a financial arrangement between spouses during or after a divorce. In Missouri, understanding how to obtain spousal support is crucial for anyone going through this emotional process. Here’s a comprehensive guide on the steps you need to follow.

1. Understand the Types of Spousal Support

In Missouri, there are generally two types of spousal support: temporary and permanent. Temporary spousal support is awarded during divorce proceedings, while permanent support is granted after the divorce is finalized. The amount and duration of support depend on several factors, which are outlined below.

2. Identify the Factors the Court Considers

The Missouri court considers multiple factors when determining spousal support, including:

  • The duration of the marriage
  • The financial resources of both spouses
  • The standard of living established during the marriage
  • The contributions of each spouse to the marriage, including homemaking and childcare
  • The age and health of both parties
  • The ability of the requesting spouse to support themselves after the divorce
  • The time needed for the receiving spouse to acquire sufficient education or training for employment

3. File a Petition for Spousal Support

To initiate the process, you must file a petition for spousal support as part of your divorce proceedings. This can be done by including your request for spousal support in the divorce petition or filing a separate motion. Ensure to present clear evidence that justifies your need for support.

4. Prepare for Mediation and Court Hearings

Missouri courts often encourage mediation between the parties to reach an amicable agreement regarding spousal support. If mediation fails, a court hearing will be necessary. Prepare yourself with the necessary documentation and evidence to support your claim for spousal support, such as:

  • Income statements and tax returns
  • Proof of expenses
  • Evidence of your spouse’s income and financial status

5. Attend the Court Hearing

During the court hearing, both parties will present their cases. Be prepared to answer questions and provide evidence regarding your financial situation and needs. A judge will then decide on the amount and duration of spousal support, if any.

6. Understand Your Rights and Obligations

Once the court has issued a spousal support order, it is important to understand your rights and obligations. If you are the recipient, ensure that you keep records of all payments received. If you are the payer, maintain documentation of payments made to avoid discrepancies.

7. Modification and Enforcement

Changes in circumstances, such as job loss or a significant income increase for either spouse, may warrant a modification of the spousal support order. If support payments are not being made as ordered, you can file a motion to enforce the order through the court.

8. Seek Legal Assistance

Navigating spousal support can be complex. Seeking legal assistance from a family law attorney in Missouri can ensure you understand your rights and can help you effectively pursue or respond to spousal support claims.

Obtaining spousal support in Missouri involves understanding the legal processes, gathering necessary documentation, and potentially navigating court hearings. By being informed and prepared, you can advocate effectively for your needs during this challenging time.