Divorce Alimony in Missouri

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A married couple shares all belongings and earnings, while being together in a bond. However, such situation would not continue if that couple opts for divorce due to insolvable disputes between them. At such time, one of the spouses can face economical problems after getting separated from the partner. The family laws have arranged for spousal maintenance to help such needy spouse. This kind of obligation will be awarded according to the legal provisions in the state, where the case for dissolution has been filed. In the same way, divorce alimony in Missouri follows the rules and regulations provided by the state laws.

The court in Missouri utilizes its discretionary powers while determining spousal maintenance. During the litigation of a court case, the court can issue orders for payment of temporary support. In some cases, permanent support is granted. Usually, maintenance is ordered for a particular number of months. When issuing such order, the court may designate it as modifiable. In the future, if the parties prove a considerable alteration in their circumstances, the amount might be altered.

Factors that decide Divorce Alimony in Missouri

The court takes into account the following issues while determining the terms:

  • Behavior of the partners in marital life.
  • Is the spouse capable to satisfy their own requirements after disbursing spousal support to the other spouse?
  • The emotional state, physical condition and age of the party seeking maintenance.
  • The duration of marital life.
  • The assets and liabilities that each spouse has with respect to separate property as well as marital property that has been allocated in the court proceedings.
  • The lifestyle and level of affluence enjoyed while being together in a marital relation.
  • A comparison of the earning abilities of both the partners.
  • The duration necessary for the partner to undergo training or a learning course that would be adequate to get a job.
  • The financial status of the partner, inclusive of the total assets allocated to this partner in property division.
  • Whether the financial sources of the spouse seeking maintenance are sufficient to fulfill the requirements of the children in this spouse's custody?
  • The capability of the spouse demanding spousal support to fulfill his requirements by earning enough income is examined.

Payment Options for Divorce Alimony in Missouri

There are many ways through which such monitory assistance can be paid. If the spouses have acceded to a typical form in prenuptial agreement, then such form is followed by the court. Otherwise, the type and amount will be finalized by the legal system after pondering over all issues. Following are some of the types of alimony-

  • Permanent assistance: It is paid in the case where a spouse is incapable to provide for the essential requirements due to physical disability, age or mental problem. Generally, it is granted in long-term marriages which have lasted for more than twenty years.
  • Transitional support: It is typically granted for a short time span. If a spouse has sacrificed the career and monitory development due to marriage, he or she is awarded the financial support to achieve higher level of education and seek apt employment.

Impact of Missouri Alimony on Tax

When spousal maintenance is received or paid in this state, there is a definite impact on tax. The Section 71 of the Internal Revenue Code states that the payer must exclude the amount from his/her gross income and the recipient must add the amount from his/her gross income.

As per the above mentioned Section, the payments must satisfy the below mentioned 5 conditions to be considered as alimony:

  • In case the recipient spouse dies, there would be no liability to disburse the payments.
  • When the payments are being made, the payee and payer do not belong to the same household.
  • The final decree does not state that this payment cannot be regarded as a deduction by the payer and cannot be considered in the gross income (This is as per Section 215 of the Internal Revenue Code).
  • The payment should be received by (or on behalf of) a spouse as part of a "divorce or separation instrument."
  • The payment must be a cash payment, like a money order or a check.

Apart from the death of the beneficiary, remarriage of such receiving spouse can be the reason for termination of court order regarding spousal maintenance. Also, if such partner starts a live-in relationship with another person, support payment will be stopped by the court. For detailed information on the legal provisions regarding maintenance, the spouses can seek help of their lawyers or mediators.

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