Divorce is often an overwhelming process for several reasons. Not only is it the end of your marriage, but it can also affect your children, finances, and property. In Missouri, divorce laws are gender-neutral, meaning the court doesn’t give preference to one spouse over the other based on gender. However, understanding what you may be entitled to as a spouse in a Missouri divorce can be essential for protecting your rights and best interests throughout the process.
Equitable Distribution of Property
As an equitable distribution state, Missouri divides marital property fairly, but not necessarily in a 50/50 split. Marital property includes most assets obtained by either party during the marriage, with the notable exception being property received as a gift or through inheritance.
Each spouse is entitled to a fair share of all marital property. When determining your fair share, the courts will consider several factors, including:
• The economic circumstances of each party
• The contribution of each party to the marriage, financial or otherwise
• The value of the separate property owned by each party
• The conduct of each party during the marriage
• The child custody arrangement of the parties
Spousal Support (Alimony)
In some cases, a spouse may be entitled to spousal support, also called spousal maintenance or alimony, if they lack sufficient income or resources to meet their needs after the divorce. Unlike marital property division, spousal support is not automatic. The party seeking support must petition the court for it and provide evidence for why they should receive it. And the court will determine if support is necessary, if the other party has the ability to pay it, and how much it should be.
Factors courts use when determining spousal maintenance include:
• The length of the marriage
• The earning capacity of each party
• The education and work history of each party
• The contributions to the marriage of each party
• The standard of living established during the marriage
Child Custody and Support
If you have minor children, child custody and support will be key issues in your divorce. Missouri courts prioritize the child’s best interests when making custody determinations. The two types of custody are physical and legal custody, and the court can award them either jointly or solely:
• Physical custody is about where the child lives.
• Legal custody is about a parent’s right to make decisions about their child’s upbringing.
If you are granted sole physical custody of your child, the court will likely require your spouse to make child support payments. These payments are for providing your child with food, shelter, education, and other needs. Child support is also sometimes required in joint custody cases if one parent has a significantly higher income.
Contact Our Missouri Divorce Attorney
If you’re going through a Missouri divorce, contact us online or call the Law Office of Amy L. Gervich for a free initial consultation with a compassionate family law attorney. We’ll walk you through Missouri’s divorce process so you know what to expect, and we’ll answer any questions you have about your divorce.
