One of the first questions I am asked by prospective clients is “Will I have to pay maintenance?” And my response is “It depends.” I then proceed to explain to prospective clients how Courts in Missouri are required to make certain findings and consider certain factors before they may order one spouse to pay the other maintenance.
Revised Missouri Statute Section 452.335.1, sets forth the two findings that the Court is required to make before it may order one spouse to pay the other maintenance. Pursuant to Revised Missouri Statute Section 452.335.1, the Court must find that the spouse seeking maintenance is unable to provide for his reasonable needs and unable support himself through appropriate employment or is the custodian of a child whose condition or circumstances makes it so that the custodian is not required to seek employment outside the home. If the Court finds that the spouse seeking maintenance is able to provide for his reasonable needs or is unable to provide for his reasonable needs, but is able to support himself through appropriate employment the inquiry stops there. The Court may not enter an order for one spouse to pay the other maintenance.
However, if the Court finds that the spouse seeking maintenance is unable to provide for his reasonable needs and is unable to support himself through appropriate employment or is the custodian of a child whose condition or circumstances makes it so that the custodian cannot seek employment outside the home, the Court will then move to the second step in establishing its maintenance order.Revised Missouri Statute Section 452.335.2, sets forth the relevant factors that the Court is to consider is setting forth the amount and duration of its maintenance order.These factors include the financial resources of the party seeking maintenance; the time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment; the comparative earning capacity of each spouse; the standard of living established during the marriage; the obligations and assets, including the marital property apportioned to him and the separate property of each party; the duration of the marriage; the age, and physical and emotional condition of the spouse seeking maintenance; the ability of the spouse from who maintenance is sought to meet his needs while meeting those of the spouse seeking maintenance; the conduct of the parties during the marriage; and any other relevant factors.Remember, not all of these factors may be relevant to your case.The Court is only required to consider those factors that it believes are relevant.
Next, pursuant to Revised Missouri Statute Section 452.335.3, the Court’s maintenance order must also state if it is modifiable or nonmodifiable.A modifiable order may be decreased, increased, terminated, extended or otherwise modified based upon a substantial and continuing change of circumstances.If the maintenance order is nonmodifiable it cannot be decreased, increased, terminated, extended or otherwise modified.Nonmodifiable means just that: the order cannot be modified.
The Court may also order maintenance which includes a termination date. The termination date may be six months, twelve months, five years, ten years, etc., after the entry of the original maintenance order. Thus, your obligation to pay your former spouse would automatically terminate on the termination date set forth in the maintenance order.
