Missouri
Missouri Maintenance (Alimony) Laws: How It Works (2026)
Independently fact-checked against primary sources (last audited August 16, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 16, 2026. How we verify our legal content
Missouri calls spousal support "maintenance" rather than alimony. Under Mo. Rev. Stat. 452.335, courts have full discretion to award maintenance in any amount and for any duration they find just. There is no statutory formula, no presumptive guideline, and no automatic entitlement based on the length of the marriage.
Information last verified on June 1, 2026.
Estimate your situation: Try our free Missouri alimony calculator to estimate spousal support and see the factors a Missouri court weighs.
What Is Maintenance in Missouri?
Missouri dissolved the term "alimony" from its statutes in 1973 when the state adopted a no-fault divorce framework. The word used today is "maintenance," and it refers to court-ordered financial support paid by one spouse to the other after a marriage ends.
Either spouse can seek maintenance, regardless of gender. The purpose of maintenance is not to punish the paying spouse or reward the recipient. Missouri courts look at whether one spouse genuinely cannot meet their own reasonable needs after the property division and whether the other spouse has the financial capacity to help.
Maintenance is available as temporary support during the divorce proceeding (pendente lite) and as a post-divorce award. A court can also approve maintenance set by a separation agreement if it finds the agreement is not unconscionable.
The Two-Part Threshold Test
Before a Missouri court can award maintenance at all, the spouse requesting it must satisfy both parts of a threshold test under Mo. Rev. Stat. 452.335(1).
Part one requires the requesting spouse to show that they lack sufficient property, including any marital property apportioned to them in the divorce, to provide for their reasonable needs. A spouse who receives substantial assets in the property division may not clear this hurdle even if they earned little during the marriage.
Part two requires the requesting spouse to show one of the following: they are unable to support themselves through appropriate employment, or they are the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.
Both parts must be satisfied. A spouse who has significant property but cannot work does not automatically qualify, and a spouse who can work but simply chooses not to will not qualify under part two unless a child's needs make employment genuinely inappropriate. The threshold keeps maintenance focused on demonstrated financial need rather than marital fault or preference.
How Courts Decide Amount and Duration
Once the threshold is cleared, the court moves to the second question: how much maintenance should be ordered and for how long? Mo. Rev. Stat. 452.335(2) lists 10 factors the court must consider. There is no formula that mechanically converts these factors into a dollar amount.
The 10 statutory factors are:
- The financial resources of the spouse seeking maintenance, including the extent to which marital property was apportioned to that spouse and the spouse's ability to meet their own needs independently.
- The time needed for the spouse seeking maintenance to acquire sufficient education or training to find appropriate employment.
- The comparative earning capacity of each spouse.
- The standard of living established during the marriage.
- The obligations and assets of each party, including the marital property apportioned to each and the separate property of each.
- The duration of the marriage.
- The age and the physical and emotional condition of the spouse seeking maintenance.
- The ability of the spouse from whom maintenance is sought to meet their own needs while also meeting the needs of the spouse seeking maintenance.
- The conduct of both parties during the marriage.
- Any other relevant factors the court deems appropriate.
No formula, significant discretion. Missouri appellate courts have consistently held that trial courts have wide latitude in applying these factors. Two spouses in seemingly similar circumstances can receive very different awards depending on how a judge weighs the factors. The comparative earning capacity (factor 3), the length of the marriage (factor 6), and the ability of the paying spouse to pay (factor 8) tend to carry heavy practical weight in contested cases.
Modifiable vs. nonmodifiable maintenance. Mo. Rev. Stat. 452.335(3) requires the judgment to state expressly whether the maintenance award is modifiable or nonmodifiable. If modifiable, either party can later return to court and ask for a change based on a substantial and continuing change in circumstances. If the parties agree, or if the court orders it, maintenance can be made nonmodifiable so that neither side can seek an adjustment later. Nonmodifiable awards are more common in lump-sum or property-settlement-adjacent arrangements.
Limited-term vs. indefinite maintenance. A limited-term award gives the recipient time to complete education or training and become self-supporting. Indefinite maintenance: sometimes called open-ended maintenance: is appropriate when the requesting spouse is unlikely to become self-sufficient, such as in a very long marriage where one spouse left the workforce entirely. Either type can be modifiable or nonmodifiable.
When Maintenance Ends or Changes
Automatic termination
Under Mo. Rev. Stat. 452.370(3), the obligation to pay future maintenance terminates automatically upon the death of either party or the remarriage of the party receiving maintenance. No court action is needed for the termination to take effect.
Mo. Rev. Stat. 452.075 reinforces this for remarriage: when a divorce decree includes a maintenance order, the remarriage of the former spouse relieves the paying spouse of further obligation from the date of remarriage, without additional court proceedings. A notable case under this statute held that even a remarriage later annulled due to fraud ends the maintenance obligation.
What the parties can change by agreement
The automatic termination rules can be overridden. If both parties agree in writing, or if the judgment expressly provides otherwise, maintenance can continue beyond remarriage or survive the death of the paying spouse. Courts can also order the paying spouse to maintain life insurance to secure a maintenance obligation that survives death. These departures from the default rules must be explicit.
Modification based on changed circumstances
If maintenance is modifiable, either party can seek a change under Mo. Rev. Stat. 452.370(1). The standard is a showing of changed circumstances that are both substantial and continuing, making the existing terms unreasonable. A temporary setback, such as a short-term loss of income, is generally not enough. The change must be lasting and significant.
Common reasons courts modify maintenance include a substantial increase or decrease in the paying spouse's income, the receiving spouse reaching self-sufficiency sooner than expected, or a serious health change affecting either party's ability to work. Mo. Rev. Stat. 452.370(1) also directs the court, in deciding whether a substantial change of circumstances has occurred, to consider all financial resources of both parties, including the extent to which either party's reasonable expenses are, or should be, shared by a spouse or other person with whom they cohabit, and the earning capacity of a party who is not employed.
Is Missouri Maintenance Taxable?
The tax treatment of maintenance depends on when the divorce or separation agreement was executed.
Agreements signed after December 31, 2018. The Tax Cuts and Jobs Act fundamentally changed federal tax rules. For divorce instruments executed after that date, maintenance payments are not deductible by the paying spouse and are not included in the taxable income of the receiving spouse. This is the rule that applies to most divorces filed today.
Agreements signed before January 1, 2019. Under the old rules, maintenance was deductible by the payer and taxable to the recipient. These rules still apply to pre-2019 agreements unless the agreement is later modified and that modification expressly states that the TCJA rules apply.
If you are uncertain which set of rules applies to your situation, consult a tax professional or review IRS Topic 452. Missouri does not have a separate state income tax rule that overrides the federal framework.
How Maintenance Differs from Missouri Child Support
Missouri maintenance and Missouri child support are separate legal obligations governed by separate statutes. Child support is calculated under a formula set by the Missouri Supreme Court (Form 14) and is designed to cover the cost of raising children. Maintenance is discretionary and designed to address one spouse's financial need after divorce.
Both can be ordered in the same case and run at the same time. However, they are calculated independently and serve different purposes. Modifying one does not automatically change the other. Child support continues until the child is emancipated; maintenance continues until the judgment's stated end date, a terminating event under 452.370, or a court modifies it.
For more on child support in Missouri, see our guide to Missouri child support laws.
For a comparison of how other states handle spousal support, see alimony laws by state.
The information on this page is for general educational purposes only and is not legal advice. Missouri maintenance law is fact-specific, and outcomes vary significantly depending on the circumstances of your case. Consult a licensed Missouri family law attorney for advice about your situation.
Last updated: June 1, 2026.
More Missouri Laws
Frequently Asked Questions
Does Missouri use the word 'alimony'?
No. Missouri statutes use the term 'maintenance.' The law governing it is Mo. Rev. Stat. 452.335. 'Alimony' and 'spousal support' are common informal terms, but the legal term in Missouri is maintenance.
How does a Missouri court decide whether to award maintenance at all?
The requesting spouse must clear a two-part threshold under Mo. Rev. Stat. 452.335(1). First, they must lack sufficient property to meet their reasonable needs. Second, they must be unable to support themselves through appropriate employment, or they must be caring for a child whose circumstances make employment inappropriate. Both conditions must be met before the court considers amount or duration.
Is there a formula for calculating Missouri maintenance?
No. Missouri has no statutory formula or guideline calculation for maintenance. Once the threshold is met, judges weigh 10 factors listed in Mo. Rev. Stat. 452.335(2) and have broad discretion over the amount and duration of any award.
How long does maintenance last in Missouri?
It depends on what the court orders. Maintenance can be limited to a fixed term to give the recipient time to become self-supporting, or it can be indefinite for cases where self-sufficiency is not a realistic expectation. The judgment must state whether the award is modifiable or nonmodifiable. Unless extended by agreement, maintenance ends automatically on the death of either party or the remarriage of the recipient.
Can a Missouri maintenance order be changed after divorce?
Yes, if the order is modifiable. Under Mo. Rev. Stat. 452.370, a modifiable maintenance order can be increased, decreased, extended, or terminated upon a showing of changed circumstances that are both substantial and continuing, making the existing terms unreasonable. If the order is expressly nonmodifiable, neither party can seek a change.
Does receiving maintenance affect taxes in Missouri?
For divorce agreements signed after December 31, 2018, federal tax law (the Tax Cuts and Jobs Act) provides that maintenance payments are neither deductible by the payer nor taxable income to the recipient. For agreements signed before 2019 that have not been modified to adopt the new rules, the old rules still apply: the payer deducts and the recipient reports the payments as income.
Does remarriage automatically end maintenance in Missouri?
Yes. Under Mo. Rev. Stat. 452.370(3) and 452.075, the obligation to pay maintenance terminates automatically on the remarriage of the recipient, effective on the date of remarriage. No court motion is required. The parties can override this default by written agreement or by an express provision in the divorce judgment, but without such an agreement the remarriage ends the obligation immediately.
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Updates
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Added the cohabitation factor that Mo. Rev. Stat. 452.370(1) directs courts to consider when deciding whether a substantial change of circumstances supports modifying maintenance.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Revised Statutes of Missouri, Title XXX (DOMESTIC RELATIONS), Chapter 452
§ 452.075Remarriage of former spouse ends alimony.In force
When a divorce has been granted, and the court has made an order or decree providing for the payment of alimony and maintenance, the remarriage of the former spouse shall relieve the spouse obligated to pay support from further payment of alimony to the former spouse from the date of the remarriage, without the necessity of further court action, but the remarriage shall not relieve the former spouse from the provisions of any judgment or decree or order providing for the support of any minor children.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at revisor.mo.gov
Cited in 9 court opinionsMost recently applied by a court: 2021
Leading cases:
- Susan Ann Taormina v. Marc Kenneth Taormina (Missouri Court of Appeals 2021)“…In response, Husband directs us to sections 452.370.3 and 452.075, RSMo, and argues that his maintenance oblig…”
- Swanson v. Swanson (Supreme Court of Missouri 1971, 464 S.W.2d 225)“…not be subject to termination upon respondent’s remarriage, § 452.075, RSMo 1969, V.A.M.S., or upon her death. The…”
- Desloge v. Desloge (Missouri Court of Appeals 1981, 617 S.W.2d 486)“…on remarriage of the party to whom that obligation is owed. Section 452.075, RSMo 1978 states, in pertinent part:…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 452.335Maintenance order, findings required for — termination date, may be modified, when.In forcecited in 3 of our articles
1. In a proceeding for nonretroactive invalidity, dissolution of marriage or legal separation, or a proceeding for maintenance following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order to either spouse, but only if it finds that the spouse seeking maintenance: (1) Lacks sufficient property, including marital property apportioned to him, to provide for his reasonable needs; and (2) Is unable to support himself through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at revisor.mo.gov
Cited in 273 court opinionsMost recently applied by a court: 2025
Leading cases:
- Laubinger v. Laubinger (Missouri Court of Appeals 1999, 5 S.W.3d 166)“…rdance with the rules set forth in § 452.340. Unlike § 452.335, RSMo 1994, 3 governing maintena…”
- Allen v. Allen (Missouri Court of Appeals 1996, 927 S.W.2d 881)“…W.2d at 483 . Maintenance is a creature of statute. Mo. Rev.Stat. § 452.335. Section 452.335 provides in pertinent…”
- Buchholz v. Buchholz (Missouri Court of Appeals 2005, 166 S.W.3d 146)“…considering all relevant factors including those set out in Section 452.335 RSMo., [Husband] should pay [Wife] periodic…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Common Law Marriage in Missouri: Is It Recognized? (2026), Missouri Divorce Laws (2026): Grounds, Residency, and Process
§ 452.370Modification of judgment as to maintenance or support, when — termination, when — rights of state when an assignment of support has been made — court to have continuing jurisdiction, duties of clerk, clerk to be "appropriate agent", when — severance of responsive pleading.In forcecited in 3 of our articles
1. Except as otherwise provided in subsection 6 of section 452.325, the provisions of any judgment respecting maintenance or support may be modified only upon a showing of changed circumstances so substantial and continuing as to make the terms unreasonable. In a proceeding for modification of any child support or maintenance judgment, the court, in determining whether or not a substantial change in circumstances has occurred, shall consider all financial resources of both parties, including the extent to which the reasonable expenses of either party are, or should be, shared by a spouse or other person with whom he or she cohabits, and the earning capacity of a party who is not employed. If the application of the child support guidelines and criteria set forth in section 452.340 and applicable supreme court rules to the financial circumstances of the parties would result in a change of child support from the existing amount by twenty percent or more, a prima facie showing has been made of a change of circumstances so substantial and continuing as to make the present terms unreasonable, if the existing amount was based upon the presumed amount pursuant to the child support…
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at revisor.mo.gov
Cited in 192 court opinionsMost recently applied by a court: 2025
Leading cases:
- Hileman v. Hileman (Missouri Court of Appeals 1995, 909 S.W.2d 675)“…le from the date of the decree. Wife concedes this point. RSMo § 452.370 (1994) provides for modification of mai…”
- Magaletta v. Magaletta (Missouri Court of Appeals 1985, 691 S.W.2d 457)“…olution decree as to maintenance and support is governed by Section 452.370, RSMo Supp.1982. This statutory section was e…”
- Bushell v. Schepp (Missouri Court of Appeals 1981, 613 S.W.2d 689)“…Gardine v. Cottey, was repudiated by the enactment of § 452.370, RSMo 1978, allegedly providing for terminati…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Missouri Emancipation Laws: How Minors Become Emancipated in Missouri (2026), Missouri Child Support Laws (2026): Guidelines & Calculator
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Sources and References
- Mo. Rev. Stat. 452.335 -- Maintenance, when awarded, factors considered(revisor.mo.gov)
- Mo. Rev. Stat. 452.370 -- Modification of maintenance and support(revisor.mo.gov)
- Mo. Rev. Stat. 452.075 -- Remarriage terminates alimony(revisor.mo.gov)
- IRS Topic No. 452 -- Alimony and Separate Maintenance(irs.gov)