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5 factors that go into an alimony determination

On Behalf of | Mar 16, 2020 | Divorce |

The decision to divorce is complicated by concerns over finances and the potential for spousal support. Alimony is not considered a right and can be subject to many different factors that may alter a judge’s decision.

Understanding what goes into a judge’s determination

Missouri recognizes several forms of alimony, which could involve some combination of temporary, periodic, or permanent spousal support. When weighing the factors and scenarios that could influence the amount of alimony awarded to an ex-spouse, a judge will take into account the following criteria:

  • Whether the spouse requesting support is the custodial parent
  • If the spouse has the potential to maintain a previous standard of living on his/her own
  • What kind of assets the requesting spouse owns separately or as marital property
  • The duration of the marriage (The designation of permanent alimony is unlikely unless the marriage was a long-term one)
  • The age and condition of each spouse

Preparing for a better future

Despite being a no-fault divorce state, a Missouri judge can weigh the behavior of each spouse leading up to the divorce in an alimony determination. Additionally, there are tax concerns that could influence how you pursue alimony. If you are considering ending your marriage, contact an experienced divorce attorney to discuss your options.

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St. Louis County Bar Association
Illinois State Bar Association
LEX | The Missouri Bar