Maintenance - UMKC School of Law法律维护该分校上学.pptVIP

Maintenance A Rule In Search Of A Rationale Legislative Proposition R.S. Mo. 452.335 is hereby repealed Cox v. Cox Long-term marriage and substantial disparity between the parties incomes. The ex-wife challenged the trial judge’s decision that provided limited duration alimony in the amount of $200 per week for a period of five years “to enable the plaintiff to establish herself as an attorney.” Partnership Theory The court says that a marriage is a “partnership,” and the “married couple forms an economic unit. The contributions of both . . . Are valuable regardless of whether the contributions are financial or non financial.” What are the alimony implications of this policy? Contributions The court also says that “a transfer of earning power” occurs during a traditional marriage in which the homemaker spouse’s efforts increased the other’s earning capacity at the expense of her own. Do you agree? Predicting a maintenance award Is compensation for income differentials a basis for maintenance? Should maintenance be based on income at end of marriage or average of marriage? Should maintenance be based on earnings or earning capacity? Should alimony be used for compensation for contributions? ?Maintenance under 452.335 Property division first Standard: “Reasonable needs plus Inability to support” Custodian of a child who needs care What are reasonable needs? What is wife’s reasonable need? What rationale supports an award? Should the award be permanent or temporary? Ability to meet needs Role of property distribution? Earnings or ability? Impact of custody of child who needs care? The Role of Fault All courts have limited role of fault (“financial cost” rules) Missouri considers fault in both property distribution and in maintenance Must show actual burden on spouse Christian v. Christian Divorce action included tort and punitive damage claims. Ex-wife awarded alimony, attorneys’ fees and costs, a permanent injunction, $20,000 for intentional infliction of em