Experienced Springfield Divorce Attorneys Litigate Spousal Support
Pursuing fair alimony settlements for supporting and recipient spouses
In a divorce or legal separation, Missouri courts may issue a support order for either spouse if the spouse requesting the support lacks sufficient wealth, is unable to find suitable employment, or is the primary caregiver for a young child. For most dependent spouses, alimony is critical, especially in the short term, while making the transition to being self-supporting. However, an order for alimony can also be burdensome to a supporting spouse, who is now charged with supporting two households. The court tries to balance these competing concerns so that neither spouse is unjustly enriched or impoverished as a result of the divorce. At Lowther Johnson Attorneys at Law, LLC, our divorce lawyers advocate strongly for clients on either side of the alimony issue, to protect their rights and deliver positive results.
What Missouri courts consider when deciding spousal support
Alimony can be temporary or permanent, according to what the divorce court deems just. When deciding on the amount and the term, the court examines several factors, including:
- The financial resources of the dependent spouse, including marital property and the ability to be self-supporting
- The time required to become employable through education or job training
- The comparative earning capacity of each spouse
- The standard of living established during the marriage
- The duration of the marriage
- The age and the physical and emotional condition of the spouse seeking maintenance
- The conduct of the parties during the marriage
Some of these factors are factual, some are speculative, and others may require the spouses to impugn each other’s character. The multitude of factors makes it very difficult to predict how a court might rule. But given the risk of an adverse judgment, we believe that whenever possible, spouses should try to reach a settlement, either through traditional negotiations or mediation. An alimony settlement to which both spouses commit is less likely to require modification or enforcement actions in the future. However, if either spouse experiences a substantial change in financial circumstances, it may be necessary to return to family law court for a modification of the order.
Trust our Springfield attorneys to manage your alimony issues
Lowther Johnson Attorneys at Law, LLC offers personalized divorce services for every issue, including spousal support. Whether you are a supporting spouse or a recipient of maintenance, you can trust our accomplished legal team to work diligently toward your best possible result.
To schedule a consultation, call (417) 557-3407 or contact us online.