spousal support Archives The Quitmeier Law Firm of Kansas City

When you are planning your wedding, the last thing you want to think about is your marriage ending.

However, in certain circumstances, it’s important to consider that fact and plan ahead for it, just in case. In those situations, a premarital agreement may be right for you. A premarital agreement is an agreement made in contemplation of marriage to become effective upon marriage. While premarital agreements are sometimes considered taboo, they can provide peace of mind in certain situations.

The purpose of a premarital agreement is to provide for the division of property in the event of divorce or death. Couples with children from a prior relationship often wish to protect their children’s interests in a second marriage. Individuals who have gone through bitter divorce battles in the past may also find some solace in a premarital agreement before a subsequent marriage. Additionally, individuals who are entering into a marriage with substantial assets or a family business often wish to secure their interests before entering into a marriage.

There are certain things that a premarital agreement cannot do, including altering child support. In order to be enforceable upon a challenge by one spouse, a court must find that both parties entered into the agreement freely, fairly, knowingly, with understanding, and in good faith. In addition, both parties must provide full financial disclosure before signing the agreement. A court can invalidate an agreement that is unconscionable, or unusually unreasonable.

To ensure enforceability of a premarital agreement, it is important create the agreement well in advance of the marriage so that both parties have time to contemplate the agreement. In a premarital agreement challenge, courts will often consider whether or not the challenging spouse was given an opportunity to review the agreement with a lawyer. It may also be beneficial to videotape or otherwise document the signing to fight claims of duress or misunderstanding.

If you think a premarital agreement may be right for you, a knowledgeable Missouri family law attorney at the Quitmeier Law Firm can advise you on what is best for your particular situation.

When a spouse files for divorce in Missouri, one spouse may be entitled to receive financial support from the other spouse. This is commonly known as alimony or spousal maintenance. If you are considering divorce, you may wonder if you are entitled to spousal maintenance or if you will have to pay it and, if so, how much?

In Missouri, a judge will order spousal maintenance when one spouse cannot maintain certain living expenses and the other spouse is financially able to provide support. Oftentimes, the supported spouse has a disadvantage in terms of education or career experience. It’s important to understand that maintenance is not meant to punish the paying spouse — instead, it is meant to ensure that both spouses maintain a standard of living after the divorce close to what they had during the marriage.

To determine whether spousal maintenance is appropriate, the judge will initially consider whether the spouse making the request has sufficient property to be self-supporting. If not, the judge next considers whether the spouse could become self-supporting by obtaining a job or education. The judge will also consider whether the spouse has a child that requires special care such that employment outside of the home would not be appropriate for that spouse at this time.

After making these considerations, if the court finds that a spousal maintenance award is warranted, the court will consider the following factors in determining the amount and duration of the award:

The financial resources of the dependent spouse
The time necessary for the dependent spouse to obtain further education and training
Each spouse’s earning capacity
The standard of living established during the marriage
The duration of the marriage
Each spouse’s assets and debts
Each spouse’s conduct during the marriage
The age, physical and emotional condition of the spouse making the maintenance request and the ability of the other spouse to provide that support

If you are considering divorce in Missouri, consult with an experienced divorce attorney to advise you about your rights to receive maintenance or your obligations to provide it.

Creating an Enforceable Premarital Agreement

Relevant Factors In Determining Spousal Maintenance

Easy Access I-29/Tiffany Springs exit