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Can I Get Alimony While Still Married?

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In Missouri, it is generally not possible to receive alimony (also called spousal maintenance or spousal support) while still legally married. Alimony is typically awarded after a divorce is finalized.

However, there are a few exceptions and nuances:

  • Temporary Maintenance: During the divorce proceedings, one spouse may request temporary maintenance from the other spouse to cover living expenses until the divorce is finalized. This is not the same as permanent alimony, but it can help provide financial support during the divorce process.
  • Legal Separation: If the spouses are legally separated (which is different from just living apart), Missouri courts can order one spouse to pay temporary maintenance to the other during the separation period. This is still not considered permanent alimony.
  • Pendente Lite Order: A court can issue a pendente lite order, which is a temporary order for maintenance and other financial matters during the divorce proceedings. This is similar to temporary maintenance during legal separation.

To receive permanent alimony in Missouri, the divorce must be finalized first. The court will consider various factors such as the financial needs of each spouse, their earning capacities, the length of the marriage, and the standard of living during the marriage when determining if alimony should be awarded and in what amount.

It’s essential to consult with a family law attorney in Missouri to understand your specific situation and the options available to you regarding spousal maintenance or alimony.

At Raza Family Law Solutions, we practice family law effectively guiding clients through prenuptial and post nuptial agreements, dissolution of marriage, modifications of prior judgments, and resolving child custody disputes. We also help families take a different approach to divorce with mediation and collaborative work.  Contact us for a consultation at (314) 408-5957.

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