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, RSMo, modification of maintenance specifically requires a showing of changed circumstances so substantial and continuing as to make the terms of the divorce decree unreasonable. This standard is strict to discourage recurrent and insubstantial motions for modification. Sanders v. Sanders, 797 S.W.2d 874, 876 (Mo. Ct. App. 1990). The burden of proving the requisite substantial and continuing change rests with the moving party requesting the maintenance modification. Mendelsohn v. Mendelsohn, 787 S.W.2d 321, 323 (Mo. Ct. App. 1990).

Maintenance: Pension, IRAs, Retirement Accounts

October 9, 2018

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…

Business Valuation in Divorce

January 21, 2018

In divorce proceedings, assigning a value to a private business interest (whether owned by husband or wife) often leads to large disagreements when dividing property. Publicly traded interests (e.g., publicly traded stocks) are easy because those values are readily available. Private interests, however, are much more difficult because small businesses can be more economically volatie…

Trust Assets in a Divorce

December 18, 2017

When dividing marital property in a divorce, the court is to consider the factors set forth in Section 452.330, RSMo and then divide the property in such a way that it seems just. Workman v. Workman, 293 S.W.3d 89, 96 (Mo. Ct. App. 2009). A court generally has “great flexibility” in dividing the marital property. Shepard v….