101 South Hanley, Suite 1280 Clayton, MO 63105
314.283.8930; henry@elsterlaw.com

Maintenance: Pension, IRAs, Retirement Accounts

Pensions, individual retirement accounts (IRAs), 401(k)s and other retirement savings plans and tax advantaged plans are often a core part of someone’s net worth. In the context of a divorce, depending on when the assets were accumulated, they are subject to an equitable division between spouses. To avoid tax problems, a Court will typically enter […]

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Maintenance / Alimony Modification

Spousal maintenance or alimony awards are often modifiable. What this means is that if there is a change in circumstances (e.g., income) bewteen the parties after the maintenance is originally entered, then a subsequent motion to modify maintenance can be filed to appropriately change the amount, duration and/or frequency of the maintenance.  Under Section 452.370.1, […]

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Purpose of Maintenance/Alimony in Divorce

Maintenance (f/k/a as alimony) consists of payments made from one ex-spouse to the other ex-spouse after the marriage has ended. It is founded on the need for reasonable support by one spouse after the end of the marriage, and a maintenance award may extend only so long as the need exists. Cates v. Cates, 819 S.W.2d […]

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Income & Expense Statements in Divorce, Maintenance/Alimony

Missouri law requires that a party to a divorce proceeding file a statement of income and expenses detailing all of his/her personal receipts and expenditures. Depending upon the county, the income and expense statement is filed at the time of a party’s initial pleadings or soon after. Many counties further require that the parties supplement the […]

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Criteria for Maintenance/Alimony Award

In divorce proceedings in Missouri, courts have discretion in awarding maintenance — which are payments made from one spouse to another spouse to enable the spouse receiving support to meet his/her reasonable needs. Numerous factors are considered in awarding maintenance and the court has some flexibility in deciding how to structure the maintenance (i.e., lump sum, […]

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Maintenance/Alimony Modifications

It’s not just child custody or child support orders that can be modified. Orders for spousal maintenance can also sometimes be modified with a Motion to Modify. The criteria for modifying an award of spousal maintenance are as follows: [a] showing of changed circumstances so substantial and continuing as to make the terms unreasonable […] […]

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Saint Louis Divorce Attorney

The divorce process in Missouri can be quite exhausting, emotionally and legally. From a purely legal perspective, a detailed division and separation of the assets must take place. This includes debts — not just bank accounts, real estate, brokerage accounts, cars, etc. This asset distribution is made more complicated when assets like 401(k)s, IRAs, and […]

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Maintenance (Alimony) in Missouri Divorce

Maintenance — formerly known as alimony — is what a court can award from one spouse to another spouse in a divorce proceeding so that one spouse’s reasonable needs are met after the divorce. Missouri statutes list a number of factors the Court must consider in deciding whether to award maintenance: (1) The financial resources […]

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How is Maintenance (Alimony) Calculated in Missouri?

Maintenance is a monetary award entered by a Court ordering one spouse to pay another spouse. A Court may order maintenance after a divorce proceeding or legal separation. It may also be order during the pendency of a divorce/legal separation suit. What is required for a Court to enter maintenance? The Court may only grant […]

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