Spousal maintenance, also often referred to as alimony, is the most contentious aspect of many divorce cases in Missouri. It is also one of the most misunderstood. There are many misconceptions that have developed over the years, and they leave people surprised when they are either asking for alimony or defending against unfair requests for it. Below, our Missouri family lawyer outlines the three most common misconceptions about spousal maintenance in the state, and the truth behind them.
Spousal maintenance is incredibly fact-specific. Even if you and your friend are the same age, have similar jobs, and the same number of children, you may receive more or less spousal maintenance than your friend. The personality of you and your spouse may differ from that of your friend’s, or your attorneys may have different styles. Additionally, you may not have the same judge presiding over your case that your friend did.
There are so many factors that go into determining whether a person will get alimony, you should not try to guess how much you will get. The only person you should ask about it, and expect a realistic answer from, is your divorce lawyer.
This misconception often arises also because a person compares their circumstance to that of someone they know. There are three types of alimony in Missouri and one of them is permanent, meaning a spouse could have to pay alimony for a long period of time. Again, spousal maintenance is fact-specific and the length of time a spouse will have to pay it will depend on the circumstances of the case.
If your spouse needs alimony while they finish med school, but has a good job waiting for them upon completion, you may only have to pay alimony for a certain period of time. On the other hand, if your spouse is disabled or of an age that makes returning to work impractical, you may be ordered to pay permanent alimony. Again, only a lawyer can determine how long you may have to pay alimony.
Family law judges expect all able-bodied people to work to support themselves, even after divorce. Any agreement between you and your spouse about the division of household responsibilities will not matter when alimony decisions are made. Although you may receive alimony for a short period of time if you need to re-enter the workforce, spousal maintenance, or the amount of time one receives it, is never guaranteed.
Spousal maintenance can always become complex because it is so fact-specific. Scott A. Hamblin is a skilled Missouri family lawyer who can advise on the specifics of your case and help you achieve the best possible outcome. Call us today or contact us online to schedule a consultation.
A Jefferson City man faced DUI charges following a field sobriety test. Charges against the defendant were dropped after Scott successfully maintained the client’s claims that the test results were inaccurate. While the client initially appeared to be in a difficult situation, Scott was able to push investigators to determine the sobriety test results as invalid, so the charges were dismissed.
A mother was seeking sole custody of her children following a divorce. The father refused to cooperate, leaving the client in a difficult situation as she felt as though her children didn’t have a voice. Scott recognized her need for an advocate and carefully listened to the children’s wishes, which conclusively helped the client achieve sole custody of her children and protected their best interests.
A client from Fulton was accused of drug possession as a result of a home search. While drug charges may potentially be filed as a Class C felony involving severe consequences, Scott was able to help the client receive a reduced sentence. Ultimately, the client faced significantly smaller penalties compared to the initial charges.
Scott assisted a defendant in a particularly challenging divorce case in which the other spouse was not cooperating. Scott was able to help the client avoid court through an aggressive legal approach to resolve all outstanding disagreements while maintaining the client’s long-term needs.
One client sought legal assistance after an altercation with another individual in Jefferson City. The client was arrested on assault charges despite allegedly not starting the fight. Since an arrest can lead to life-altering penalties such as being terminated from employment and serving jail time, Scott was able to build a solid legal defense in the client’s favor and argued in favor of the client’s innocence.
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Scott was honest, he was straightforward, and the best of all he was good at what he does. He's very knowledgeable and practices his craft well. I had a 10/10 experience with Scott and will trust no other attorney to handle my case.
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For accessible and experienced representation, contact attorney Scott Hamblin today.