Adultery in Missouri - Does Cheating Affect Alimony?

by Futurescopes Research Team

Most people who seek a divorce intuitively understand that alimony is a type of payment that a judge can require one spouse to make to another after a divorce. What many people don’t know is how alimony actually works. In fact, alimony awards will differ depending on the law of the state you are in. For example, if your spouse cheated on you, you may be entitled to more alimony.

As many spouses know, cheating often has consequences. Aside from the effect of cheating on the marriage itself, cheating may affect the divorce process and any alimony awards received by the spouses. Each state varies on how exactly adultery will affect an alimony award, and so this article is intended to clarify that issue for the state of Missouri.

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The Nature of Divorce in Missouri

Before discussing whether adultery or cheating would affect an award of alimony or spousal support, the nature of divorce in Missouri must be examined.Missouri’s divorce law is structured like that of a no-fault divorce state.1 When Missouri considers whether a married couple is entitled to divorce, it will determine whether a marriage is irretrievably broken, which is typical no-fault divorce language.2 However, if a spouse denies that the marriage is irretrievably broken, the divorce court may consider fault-like factors such as adultery in determining whether the marriage is broken.3 In other words, Missouri is not a true no-fault divorce state, as its courts may consider fault in determining divorce eligibility.

About Missouri Alimony Rules

Missouri alimony comes in two forms: alimony in gross and year-to-year alimony.4 Alimony in gross is a one-time lump sum payment designed to provide support to a financially dependent spouse after a marriage. Year-to-year alimony is a payment schedule for recurring alimony payments over a period of time. Remarriage of the spouse receiving year-to-year alimony will end alimony payments.5

Before awarding either type of alimony, the Missouri divorce court must first determine that one spouse is eligible for spousal maintenance payments. In determining eligibility for maintenance, the court will ask whether one spouse would be unable to support himself/herself due to a lack of property or ability to earn a living wage.6 Once the court determines that a spouse is eligible for support, the court will use the following factors to determine the amount of support:

  • The financial resources of the spouses;
  • The earning capacity of the spouses and potential for increased education or vocational skills;
  • The duration of the marriage and standard of living established during the marriage;
  • The property and debts held by each spouse after the divorce;
  • The age and health of the spouses;
  • The financial ability of the payor spouse to afford maintenance payments; and
  • The conduct of the parties during the marriage.

The Effect of Adultery and Other For-Cause Grounds for Divorce on Alimony

Under Missouri law, the divorce court is allowed to consider the conduct of the parties during the marriage in making an award of alimony. This means that Missouri courts will consider marital misconduct such as adultery.7 That said, misconduct is not the only factor that courts must consider when making alimony awards, and disparate financial circumstances may outweigh a spouse’s adulterous conduct.8

The Verdict:

The adultery of one spouse will not affect the eligibility of a spouse to receive alimony, but adultery can influence the amount of alimony payments. Furthermore, while a spouse’s infidelity may be an important consideration in the divorce court’s decision, it is not the only factor that the court must consider.

If your spouse has been cheating on you and you plan to sue for divorce, you should consider contacting a local divorce attorney for assistance. Divorces involving adultery claims tend to be very messy lawsuits and will be very difficult to litigate on your own. Your rights can be best protected by proactively protecting your ability to succeed in your divorce litigation.

Note: This article is not legal advice. Please consult a lawyer for your specific situation.

Resources:

  1. § 452.305 R.S.Mo.
  2. § 452.320 R.S.Mo.
  3. Id. at (2)(1)(a)
  4. § 452.080 R.S.Mo.
  5. § 452.075 R.S.Mo.
  6. § 452.335 R.S.Mo.
  7. Coleman v. Coleman, 318 S.W.3d 715 (Mo. Ct. App. 2010).
  8. McIntosh v. McIntosh, 41 S.W.3d 60, 2001 Mo. App. LEXIS 606 (Mo. Ct. App. 2001).
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