What is Maintenance?
In the past, what is now known as maintenance was commonly referred to as alimony. While the terminology has evolved, the purpose remains the same: to provide financial assistance to a spouse following a separation or divorce. Maintenance helps ensure a fair transition for both parties. The payment and the length of the payments vary depending on many factors. Spousal maintenance payments can be agreed upon by both spouses or ordered by a judge in court.
Protecting Your Rights During a Divorce
Protecting your rights during the divorce process is essential. Whether you are seeking maintenance payments or your spouse is requesting that you make maintenance payments, working with a family law attorney allows you to advocate for your best interests. For more information, call us today at 816-307-9752.
How is Maintenance Determined?
When maintenance is granted, the court will determine the appropriate payment amount based on the needs of the requesting party, while also taking into account the paying party’s ability to pay. Several factors may influence this decision, including:
- Each party’s age, health, and overall physical and emotional condition
- Each party’s financial situation and their ability to support themselves
- The length of the marriage
- The standard of living established during the marriage
- The time necessary for the requesting spouse to acquire education or skills to become self-supporting
- Each spouse’s conduct during the marriage and divorce
Can You Modify a Maintenance Agreement?
After a maintenance agreement is made, the ability to request a modification varies between Missouri and Kansas.
In Missouri, either spouse can request a modification to modifiable maintenance if there has been a significant change in circumstances that affects their financial situation. In Kansas, however, maintenance is only modifiable to the extent that the separation agreement allows for modification, or by statute.
If you’re seeking a change, you’ll need to demonstrate a change in circumstances that justifies the adjustment. Court will apply the maintenance modification factors to your facts to make a determination. Our attorneys can provide guidance on your legal options and how to modify maintenance payments based on your specific situation and jurisdiction.
What Can a Maintenance Attorney Do for You?
Maintenance can have a significant impact on your finances, both now and in the long term. Whether you are seeking maintenance or your spouse is requesting it, working with a Missouri maintenance attorney is the best way to protect your rights and advocate for your needs. Our team will guide you through the legal process and inform you of your legal rights until you get the outcome you deserve.
Fisher Law is here to support you during your divorce. If you have any questions or concerns about your case, don’t hesitate to give us a call today. Contact our firm by calling 816-307-9752 to speak to an experienced member of our team.
