In Missouri the general presumption is that it is not appropriate to award maintenance to a spouse who is capable of supporting herself or himself, the objective being to sever as many ties as possible between the former spouses. A spouse has a physical or mental health condition that limits or prohibits employment. A spouse has custody of young children that makes employment outside the home inappropriate or impossible under the circumstances. It is possible for maintenance to be awarded for a limited period of time to allow the receiving spouse an opportunity to obtain education or job training and become self-sufficient.
Maintenance generally terminates upon the death or remarriage of the receiving former spouse.
It can also terminate upon the death of the paying former spouse, but there can be circumstances under which the estate of the paying spouse could remain liable for continuing payment of maintenance. The duration of the marriage The age and physical and emotional condition of the spouse seeking maintenance The ability of the spouse from whom maintenance is sought to meet his or her needs while meeting those of the spouse seeking maintenance The conduct of the parties during the marriage Any other relevant factors As with most other issues in dissolution cases, the parties can agree whether or not maintenance is to be paid, and, if so, can set the amount and duration of the payments. The court will approve the parties' agreement on maintenance unless it is manifestly unfair to one or both. In general, maintenance is deductible on the paying spouse's income tax returns and taxable as ordinary income on the receiving spouse's returns. However, this general rule can be modified by agreement or court order.