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  • Writer's pictureAccess to Justice: Trial Lawyers

How Property and Spousal Maintenance is Determined in a Divorce:

Updated: Jul 8, 2020

The Revised Statutes of Missouri provide the factors for martial property and spousal maintenance, specially Section 452.335 and 452.330

First, spousal maintenance (RSMO 452.335):

Maintenance may be awarded if the court finds that the requesting party (1) lacks sufficient property to provide for his or her reasonable needs and (2) is unable to support himself through appropriate employment.

A complete list of the factors are outlined below:

1. In a proceeding for dissolution of marriage the court may grant a maintenance order to either spouse, but only if it finds that the spouse seeking maintenance:

(1) Lacks sufficient property, including marital property apportioned to him, to provide for his reasonable needs; and

(2) Is unable to support himself through appropriate employment.

If the court finds the existence of these threshold factors, the amount and duration of a maintenance order is to be determined in accordance with § 452.335.2 which requires the court to consider all relevant factors, including:

(1) The financial resources of the party seeking maintenance, including marital property apportioned to him, and his ability to meet his needs independently ...;

(2) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment;

(3) The comparative earning capacity of each spouse;

(4) The standard of living established during the marriage;

(5) The obligations and assets, including the marital property apportioned to him and the separate property of each party;

(6) The duration of the marriage;

(7) The age, and the physical and emotional condition of the spouse seeking maintenance;

(8) The ability of the spouse from whom maintenance is sought to meet his needs while meeting those of the spouse seeking maintenance;

(9) The conduct of the parties during the marriage; and

(10) Any other relevant factors.

Regarding Property acquired during the marriage (RSMO 452.330):

Disposition of property and debts, factors to be considered.

  (1) The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the spouse having custody of any children;

  (2) The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker,

  (3) The value of the nonmarital property set apart to each spouse;

  (4) The conduct of the parties during the marriage; and

  (5) Custodial arrangements for minor children.

If you or someone you know is going through a divorce and needs and need legal representations, please call us at:

Joplin Area: 417-553-4352 or Kansas City Area: 816-503-6739.

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