How does alimony work in Missouri?

Missouri maintenance is governed by Mo. Rev. Stat. § 452.335 and uses a strict two-step gatekeeping analysis.

1. Step One — Threshold Eligibility (§ 452.335(1))

Before any maintenance is awarded, the court must find that the spouse seeking maintenance:

Lacks sufficient property, including marital property apportioned in the divorce, to provide for reasonable needs; AND

Is unable to support him- or herself through appropriate employment OR is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.

If the spouse fails this threshold, maintenance is denied entirely — the factors below are never reached.

2. Step Two — Ten Statutory Factors (§ 452.335(2))

Once eligibility is established, the court determines amount and duration considering:

Financial resources of party seeking maintenance, including marital property apportioned and ability to meet needs independently

Time necessary to acquire sufficient education/training

Comparative earning capacity

Standard of living established during marriage

Obligations and assets, including marital property apportioned and separate property

Duration of the marriage

Age and physical/emotional condition of spouse seeking maintenance

Ability of spouse from whom maintenance is sought to meet own needs while meeting those of the other

Conduct of the parties during the marriage

Any other relevant factors

3. Conduct as a Factor

Missouri permits the court to consider conduct during the marriage (including adultery and cruelty) as one of the 10 factors. This makes Missouri more fault-sensitive than purely no-fault states.

4. Modifiable vs. Non-Modifiable — § 452.335(3)

The decree must specify whether maintenance is modifiable or non-modifiable. If silent, it is presumed modifiable. Parties may agree to non-modifiable maintenance, providing finality.

5. Modification — § 452.370

Modifiable on showing of changed circumstances so substantial and continuing as to make the terms unreasonable — UNLESS the decree provides otherwise.

6. Termination

Death of either party terminates maintenance

Remarriage of recipient terminates maintenance (§ 452.370(3)) UNLESS the decree expressly provides otherwise

Cohabitation may justify modification but is not automatic termination

Reaching retirement age may justify modification

7. Lump Sum / Periodic

Missouri permits both lump-sum and periodic maintenance. Lump-sum awards are typically non-modifiable.

8. Temporary Maintenance — § 452.315

Court may order temporary maintenance during the pendency of the divorce.

9. Tax

Federal TCJA applies — orders post-2018 are non-deductible/non-taxable.

This is legal information, not legal advice.