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Missouri Spousal Support Calculator

Calculate Maintenance Under Missouri Statutes §452.335 (No Set Formula - Uses Judicial Discretion)

Income Information

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Marriage Details

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Marriage less than 5 years?
Marriage 20+ years?
Is recipient custodial parent? ℹ️Check if the alimony recipient has primary physical custody of minor children from the marriage

Missouri-Specific Factors

Domestic violence involved? ℹ️Check if there was documented domestic violence in the marriage. Missouri courts may increase maintenance for victims.

Missouri Domestic Violence Impact (§452.335.2(7)):

  • 10-20% increase in maintenance amounts typically awarded
  • May qualify for longer duration regardless of marriage duration
  • Court may order additional therapy/rehabilitation costs
  • Protective orders can affect temporary support calculations

See: Missouri Revised Statutes §452.335.2(7)

Fault-based divorce? ℹ️Missouri is a no-fault divorce state, but misconduct may still impact maintenance decisions in some cases.

Missouri Fault Considerations:

  • Missouri is primarily no-fault: Fault rarely affects maintenance
  • Economic misconduct: Hiding assets or intentional unemployment may affect awards
  • Marital misconduct: May be considered in extreme cases

See: In re Marriage of Cohen, 884 S.W.2d 35 (Mo. Ct. App. 1994)

Missouri Professional License Rules:

  • Courts may order support during license maintenance periods
  • Continuing education costs may be factored into awards
  • Malpractice insurance costs considered for medical professionals

See: In re Marriage of P.D.A., 54 S.W.3d 639 (Mo. Ct. App. 2001)

Missouri Cohabitation Rules (Updated per Davis v. Davis, 2020):

  • Maintenance typically terminates upon remarriage
  • Cohabitation with any contributing adult housemate (relative, friend, boarder) can reduce need
  • Payor must petition court for modification and prove financial interdependence
  • Cohabitation alone doesn't automatically terminate maintenance

See: Davis v. Davis, 603 S.W.3d 854 (Mo. Ct. App. 2020)

Needs and Resources

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Missouri Retirement Rules (§452.335.2(4)):

  • Early Retirement (55-64): Courts examine whether voluntary or health-related
  • Normal Retirement (65+): May be grounds for modification
  • Retirement Accounts: IRA/401k withdrawals may be considered as income
  • Social Security: Benefits may substitute for maintenance payments

See: In re Marriage of Cohen, 884 S.W.2d 35 (Mo. Ct. App. 1994)

Earning Capacity

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Recipient Sacrificed Career for Marriage? ℹ️Check if recipient gave up career advancement opportunities to support the marriage (e.e., relocated for spouse's job, stayed home with children)
Recipient has disability? ℹ️Check if recipient has a documented disability that limits earning capacity. May qualify for longer-term maintenance.

Duration Factors

Maintain marital standard of living? ℹ️Missouri courts may consider maintaining the marital lifestyle, especially in long-term marriages
Significant separate property? ℹ️Check if recipient has substantial assets not subject to division (inheritance, pre-marital assets)
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Important Legal Note: This calculator provides estimates only based on Missouri statutes and case law patterns. Missouri does NOT have a statutory formula for maintenance calculation. Judges have broad discretion to weigh the factors in §452.335, and actual court-ordered maintenance may differ significantly. The calculation is not legal advice. Consult a licensed Missouri family law attorney for advice regarding your specific situation.

Missouri Spousal Maintenance Calculation Results

Maintenance Type Determination

Recommended Maintenance Type:

Primary Factors:

Monthly Maintenance Amount

Guideline Amount:

Statutory Considerations:

Duration of Maintenance

Recommended Duration:

Missouri Guidelines:

Judicial Considerations

Likely Range:

Key Factors:

Disclaimer: This calculator provides estimates only based on Missouri statutes and case law. Missouri law does not use a set mathematical formula for maintenance. Judges use discretion based on the factors in §452.335. The calculation is not legal advice and actual court-ordered maintenance may differ. Consult a licensed Missouri family law attorney for legal advice regarding your specific situation.

Missouri Maintenance Case Law Examples

Davis v. Davis (2020) - Cohabitation Update
603 S.W.3d 854 (Mo. Ct. App. 2020)

Clarified that contributions from any adult housemate (relative, friend, boarder), not just romantic partners, can reduce a maintenance recipient's need for support and may justify modification.

In re Marriage of Hanks (2012)
370 S.W.3d 300 (Mo. Ct. App. 2012)

Affirmed a trial court's decision to award maintenance to a spouse after a 25-year marriage, emphasizing the importance of considering the standard of living established during the marriage.

In re Marriage of P.D.A. (2001)
54 S.W.3d 639 (Mo. Ct. App. 2001)

Clarified that professional degrees/licenses are not marital property but may be considered in maintenance calculations, particularly when one spouse supported the other through professional education.

In re Marriage of S.M.S. (2005)
177 S.W.3d 241 (Mo. Ct. App. 2005)

Ruled that cohabitation alone doesn't automatically terminate maintenance; the payor must prove the cohabitation creates financial interdependence that reduces the recipient's need for support.

In re Marriage of M.A.H. (1999)
1 S.W.3d 601 (Mo. Ct. App. 1999)

Held that substantial marital assets may reduce or eliminate the need for maintenance, particularly when those assets can generate income for the recipient spouse.

Modifying Maintenance in Missouri

Missouri law allows for modification of maintenance under certain circumstances. Here's the process for requesting a modification:

Grounds for Modification

Under Missouri Revised Statutes §452.370, maintenance can be modified for:

A substantial and continuing change in circumstances
Remarriage of the recipient spouse
Payor's retirement at a reasonable age
Recipient's improved earning capacity
Disability or health issues affecting earning capacity
Cohabitation creating financial interdependence (Davis v. Davis, 2020)

Modification Process

File a Petition: Submit a Petition for Modification to the court that issued the original order.
Serve Notice: Legally notify the other party using certified mail or a process server.
Gather Evidence: Collect documentation supporting the change (tax returns, pay stubs, medical records).
Mediation: Many Missouri courts require mediation before a hearing.
Court Hearing: If unresolved, present evidence to the court for a decision.

Important Considerations

Modifications are not retroactive - they only apply from the filing date forward.
Never stop paying maintenance without court approval - you risk contempt charges.
Missouri requires a "substantial and continuing" change in circumstances.
Retirement modifications typically require the payer to be at least 65 years old.

Note: The modification process typically takes 3-6 months for uncontested cases and 9-18 months for contested cases, depending on court backlogs.

Missouri Spousal Maintenance FAQs

Does Missouri have a formula for calculating maintenance?

No. Missouri is a discretionary state, not a formula state.

Unlike some states, Missouri does not have a statutory mathematical formula for calculating spousal maintenance (alimony). Instead, Missouri Revised Statutes §452.335 provides a list of factors that judges must consider when determining both the amount and duration of maintenance. Judges have significant discretion in weighing these factors, which means outcomes can vary widely between cases and even between different courts.

Missouri Revised Statutes §452.335

What types of maintenance exist in Missouri?

Missouri recognizes several types of maintenance:

  • Temporary Maintenance: Paid during divorce proceedings
  • Durational Maintenance: For a specific period to allow recipient to become self-supporting
  • Permanent Maintenance: For long-term marriages where recipient cannot become self-supporting

Key differences:

  • Temporary maintenance ends when divorce is final
  • Durational maintenance requires specific time period
  • Permanent maintenance continues until modification or termination

Missouri Revised Statutes §452.335

How is maintenance calculated in Missouri?

Missouri uses statutory factors rather than a strict formula:

  1. Recipient's financial needs
  2. Payor's ability to pay
  3. Duration of marriage
  4. Standard of living during marriage
  5. Age and physical/emotional condition of both parties
  6. Recipient's employment skills and employability

Common calculation approaches:

  • Difference between parties' incomes
  • Amount needed to cover basic living expenses
  • Not to exceed recipient's need or payor's ability

Missouri Revised Statutes §452.335

How does marriage length affect maintenance in Missouri?

Marriage duration significantly impacts Missouri maintenance:

  • Under 5 years: Typically no maintenance unless exceptional circumstances
  • 5-20 years: Maintenance for 20-50% of marriage duration
  • 20+ years: May receive permanent maintenance or longer durational periods

Special considerations:

  • Disabled spouse may receive longer-term maintenance
  • Career sacrifices may extend duration

Missouri Revised Statutes §452.335

Can maintenance be modified or terminated in Missouri?

Yes, under certain conditions:

  • Automatic Termination: When recipient remarries
  • Modification: For substantial and continuing change in circumstances
  • Termination: At end of ordered period or upon court order

Grounds for modification:

  • Significant income change
  • Payor's retirement
  • Recipient's improved earning capacity
  • Disability or health issues
  • Cohabitation creating financial interdependence (Davis v. Davis, 2020)

Missouri Revised Statutes §452.370

How does cohabitation affect maintenance in Missouri?

Recent case law has clarified Missouri's rules on cohabitation:

  • Remarriage: Automatically terminates maintenance.
  • Cohabitation: Does not automatically terminate maintenance. The paying spouse must file for modification.
  • Key Ruling (Davis v. Davis, 2020): The court clarified that financial contributions from any adult housemate—including relatives, friends, or boarders—can reduce the recipient's need for support, not just contributions from a romantic partner.
  • Burden of Proof: The payor must prove the cohabitation creates a "financial interdependence" that materially reduces the recipient's need for the maintenance amount originally ordered.

Davis v. Davis, 603 S.W.3d 854 (Mo. Ct. App. 2020); Missouri Revised Statutes §452.370

Are there recent changes or attempts to change Missouri's alimony laws?

There is ongoing legislative discussion, but no recent successful changes to the core calculation factors.

  • 2025 Session (HB 242): A bill was introduced that proposed creating specific statutory caps on maintenance duration based on marriage length (e.g., 50% of the marriage length for short-term marriages). This bill was defeated ("perfection defeated") in the House in April 2025 and did not become law.
  • Key Point: Missouri maintenance law remains based on judicial discretion over the factors in §452.335. There is no statutory formula or cap in effect as of 2025.

Missouri House Bill 242 (2025) - Defeated; Missouri Revised Statutes §452.335

How does fault affect maintenance in Missouri?

Missouri is a no-fault divorce state:

  • Fault generally doesn't affect maintenance decisions
  • Extreme misconduct may be considered in rare cases
  • Economic misconduct (hiding assets) may affect awards

Key implications:

  • Most maintenance decisions are based on financial need
  • Court has discretion in how much weight to give fault

Missouri Revised Statutes §452.335

Are maintenance payments taxable in Missouri?

Federal tax (2025 update): Under the Tax Cuts and Jobs Act of 2017, maintenance payments are no longer deductible for the payor or taxable to the recipient for divorce agreements executed after December 31, 2018.

Missouri tax: Follows federal treatment - no deduction for payor or income for recipient for post-2018 agreements.

Key considerations:

  • Pre-2019 agreements may have different tax treatment
  • Child support payments are never deductible
  • Property settlements have different tax treatment

IRC §71, Tax Cuts and Jobs Act of 2017

What's the difference between maintenance and alimony in Missouri?

Missouri law uses the term "maintenance" rather than "alimony," but common distinctions:

Temporary Maintenance:

  • Paid during divorce proceedings
  • Ends when divorce is finalized

Post-Divorce Maintenance:

  • Durational or permanent support
  • Based on statutory factors under §452.335
  • May be temporary or long-term in nature

Missouri Revised Statutes §452.335

How does retirement affect maintenance in Missouri?

Retirement impacts Missouri maintenance cases:

  • Payor may petition to modify/terminate at retirement age
  • Court considers whether retirement is reasonable
  • Recipient's needs still considered
  • Early retirement may not be considered reasonable

Key factors courts consider:

  • Age of parties
  • Health status
  • Financial resources
  • Type of maintenance awarded

Missouri Revised Statutes §452.370

How do county differences affect maintenance in Missouri?

Missouri counties may handle maintenance cases differently:

  • Urban Counties (St. Louis, Jackson): Typically higher maintenance amounts
  • Suburban Counties (St. Charles, Clay): Moderate maintenance amounts
  • Rural Counties: Generally lower maintenance amounts
  • Judicial Preferences: Some counties have local rules or common practices

Key county-specific factors:

  • Local cost of housing and living expenses
  • Prevailing wage rates in the region
  • Availability of employment opportunities
  • Local court rules and common practices

Missouri Revised Statutes §452.335

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