Missouri calls it maintenance — not alimony. And unlike some states, Missouri gives judges no formula to follow. A judge weighs nine statutory factors and sets both the amount and the duration from scratch, based on the specific facts of your case.
The short answer: there's no standard calculation. But to even be eligible for maintenance, a spouse has to clear a two-part threshold test first. Only then does a judge decide what's fair — how much, for how long, and whether the order can be changed later.
This guide walks through both parts: who qualifies, and how judges typically approach the amount and duration once the threshold is met.
Missouri law uses the word maintenance throughout the statute. You'll sometimes see "alimony" used in everyday conversation, and Missouri courts understand what you mean. But the official term in your divorce paperwork, court orders, and any modification hearings will be maintenance.
The concept is the same: financial support paid by one former spouse to the other after the divorce is finalized. It's separate from child support. And in Missouri, it's governed entirely by RSMo § 452.335.
Before a Missouri court may award maintenance at all, the spouse asking for it has to meet both of the following conditions. If they can't, maintenance generally isn't available — no matter how long the marriage lasted or how large the income gap is.
Condition 1: Lacks sufficient property. The requesting spouse doesn't have enough property — including their share of the marital assets — to cover their reasonable needs.
Condition 2: Can't support themselves through employment. Either they're unable to work, or they're the primary caretaker of a child whose condition or circumstances make outside employment impractical.
Both conditions must be present. A spouse who has been awarded substantial assets in the property division may not qualify even if their income is low. A spouse who is able-bodied and employable — but simply hasn't found a job yet — may not qualify either, depending on the circumstances.
Once the two-part test is cleared, the court decides how much maintenance to award. Missouri has no advisory formula like Colorado or Illinois. Judges use their discretion, guided by nine factors listed in RSMo § 452.335(2).
Here's what each factor covers in plain English:
| # | Factor | What courts look at |
|---|---|---|
| 1 | Financial resources of the requesting spouse | Their income, assets received in the property division, and whether they can realistically meet their own needs — including any child support they receive as a custodial parent |
| 2 | Time needed to gain education or training | If the spouse needs a degree, certification, or job skills to become self-supporting, courts consider how long that realistically takes and what it costs |
| 3 | Comparative earning capacity | The gap between what each spouse earns — or could realistically earn — based on their education, work history, and marketable skills |
| 4 | Standard of living during the marriage | The lifestyle both spouses shared during the marriage — not a guarantee of continuation, but a reference point for what "reasonable needs" means in context |
| 5 | Obligations and assets | Each spouse's debts, monthly obligations, and property — including both marital property received in the division and any separate property they brought into the marriage |
| 6 | Duration of the marriage | Longer marriages tend to produce larger or longer-lasting maintenance awards, particularly when one spouse stepped back from work for an extended period |
| 7 | Age and physical and emotional condition | A spouse with a health condition, disability, or significant age-related limitation on their earning capacity receives more weight on this factor |
| 8 | Ability of the paying spouse to meet their own needs | A maintenance award that leaves the paying spouse unable to cover their own reasonable living expenses may not be sustainable — courts consider both sides |
| 9 | Conduct of the parties during the marriage | Missouri considers marital misconduct — including adultery, financial misconduct, or domestic abuse — when setting the amount. Missouri is not a pure no-fault state for maintenance purposes |
The court may also consider "any other relevant factors" it finds appropriate. In practice, courts weigh all nine factors together rather than adding them up. No single factor is automatically decisive.
Hypothetical: Sam and Morgan were married for 14 years. Sam earns $7,500/month gross as a sales manager. Morgan worked part-time throughout the marriage while primarily raising their two children and now earns $1,800/month. The children are still school-aged and live primarily with Morgan. Marital assets were divided roughly equally.
Morgan passes the two-part test: the marital property received may not be enough to cover all reasonable needs, and while Morgan could work more, the children's school schedules and care needs create real constraints.
On the 9 factors: the income gap is large (factor 3); the 14-year marriage is moderately long (factor 6); Morgan's career was limited by the caregiving arrangement during the marriage (factor 2); the marital standard of living was middle-income (factor 4); Sam can likely afford some maintenance while still meeting their own needs (factor 8).
In a situation like this, a Missouri court might consider a maintenance award in the range of $1,000–$2,000/month, potentially for a defined rehabilitative period — perhaps 3 to 5 years — to give Morgan time to rebuild earning capacity. But outcomes vary widely based on the judge, the county, and how all facts are presented.
This is a hypothetical illustration only. Actual outcomes vary significantly based on individual circumstances and judicial discretion.
Missouri sets no statutory time limits. Duration is entirely up to the judge.
Short marriages where one spouse is employable often produce rehabilitative maintenance — support for a limited period to allow the spouse to finish school, get certified, or re-enter the workforce. A judge might order 1 to 3 years in those cases.
Longer marriages — particularly those where one spouse stopped working for many years — may produce longer-term awards. In cases where a spouse is elderly, disabled, or has been out of the workforce for decades, courts may consider ongoing maintenance without a fixed end date. Duration varies by circumstance. For a broader view of how maintenance duration works across states, see our guide on how long alimony typically lasts.
Every Missouri maintenance order must state one important thing: whether the maintenance is modifiable or nonmodifiable. This matters enormously for both parties down the road.
Missouri law requires every maintenance order to specify whether it can be changed later.
If the order is modifiable, either spouse may return to court and ask for a change if there's been a "substantial and continuing change in circumstances." Common triggers include a major income change for either party, a serious illness or disability, the completion of a degree program, or the receiving spouse beginning to cohabitate with a new partner in a way that changes their financial needs.
If the order is nonmodifiable, the amount and duration are locked in — neither party can go back to court to change them, regardless of what happens afterward. Nonmodifiable orders sometimes appear in negotiated settlements where both parties want certainty. But they carry real risk: if the paying spouse's income drops sharply, the obligation stays the same.
A modifiable order that includes a termination date may be extended before that date arrives — but only if both conditions are met: the original order must be modifiable, and the requesting spouse must show a substantial and continuing change in circumstances that occurred before the termination date.
While the divorce is still pending, a spouse who qualifies may request temporary maintenance — sometimes called pendente lite support — to cover living expenses during the proceedings. Missouri courts use the same two-part eligibility test and the same nine factors for temporary orders.
Temporary maintenance ends when the final divorce decree is entered. It may or may not be credited against any final maintenance award, depending on the terms of the final agreement or the judge's ruling.
For divorces finalized after December 31, 2018, federal tax law changed how maintenance is treated. Under the Tax Cuts and Jobs Act, maintenance is no longer tax-deductible for the paying spouse and no longer counts as taxable income for the recipient — regardless of state.
This made maintenance more expensive for the paying spouse on an after-tax basis compared to the pre-2019 regime. Unlike Colorado, Missouri has not built any adjustment into its maintenance statute to account for the tax change. The nine-factor analysis is the same as it was before 2019 — which means the tax shift may come up as part of factor 8 (ability of paying spouse to meet their own needs) in practice.
For more on how divorce affects your tax filing, see our guide on divorce and taxes.
Because everything hinges on the 9 factors — and because judges have wide discretion — the documentation you bring matters more in Missouri than in a formula state. Courts expect detailed financial disclosures from both sides.
Financial affidavits listing monthly income and expenses are standard. Evidence of earning capacity — pay stubs, tax returns, employment records, vocational assessments — is commonly submitted. If one spouse claims a health limitation, medical records may be relevant. If conduct during the marriage is being raised, evidence supporting that claim needs to be presented at the hearing.
Missouri maintenance cases can look more like mini-trials than formula calculations. Having a clear picture of your own financial situation — and your spouse's — is the starting point. Our divorce financial calculator can help you map out the full picture before you meet with an attorney.
Maintenance is one piece. Run the numbers on property division, child support, and post-divorce budget all in one place.
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