Calculation
Missouri: Conservative educational estimate based on statutory eligibility, reasonable need, ability to pay, income disparity, marriage length, financial resources, earning capacity, standard of living, property division, and Missouri statutory factors; no mandatory statewide formula applies. New York: New York uses statutory guideline formulas for temporary and post-divorce maintenance on the payor's income up to the statutory income cap. The formulas are presumptive guideline calculations, but courts may adjust or deviate if the guideline amount is unjust or inappropriate after considering statutory factors. Maintenance above the income cap is discretionary.
Duration
Missouri: Missouri has no fixed statutory duration formula. Maintenance may be ordered for a fixed term, modifiable ongoing term, nonmodifiable term if specified, or denied. Duration depends on reasonable need, ability to pay, time needed for education or training, marriage length, age, health, earning capacity, property division, and the court's equitable judgment. Maintenance may be modified only under the applicable statutory standard and may terminate under the order, death, remarriage, agreement, or further court order where applicable. New York: New York uses a nonmandatory advisory duration schedule for post-divorce maintenance. For marriages up to and including 15 years, guideline duration is generally 15% to 30% of the marriage length. For marriages over 15 years and up to 20 years, guideline duration is generally 30% to 40% of the marriage length. For marriages over 20 years, guideline duration is generally 35% to 50% of the marriage length. Temporary maintenance lasts only while the divorce case is pending.
Modification
Missouri: Maintenance may be modified under Mo. Rev. Stat. § 452.370 upon changed circumstances so substantial and continuing that the existing terms are unreasonable. Parties may also create nonmodifiable maintenance through qualifying agreements, subject to Missouri law. New York: Maintenance orders may be modified when statutory standards for modification are satisfied, including qualifying changes in circumstances. Separation agreements and judgments may contain additional provisions affecting modification rights.