Legal Question in Family Law in Missouri

maintenance in divorce settlements

I have two children, one grown and out of the house, the other graduating college in May and will then be on her own. We are using the same attorney because our divorce has been very amicable, but I want to make sure I'm not short-changing myself to what we've initially agree to. I work full-time, but my salary is $16,500 less per year than his. He has a master's degree - I have one year of college. He is able to retire from his current employer in 7 years, will then draw a pension of $2,500/month, AND will still have the opportunity to start a full-time teaching career at that point. My future income will not change. My husband has agreed to sign over the house to me [still owe $78,000] , his 401(k) fund [$18,500], and pay me $300/month in maintenance for the next 5 years. Someone has suggested that I ask for $600/month maintenance for the next 25 years. I want to know is this an unreasonable request. What is the average length of time that maintenance is set for? Thank-you for any information you can provide.


Asked on 3/14/07, 2:58 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: maintenance in divorce settlements

First of all, it sounds to me as if your husband has an attorney representing him and you do not, although you claim that you are using the same attorney. An attorney can not represent both sides of a divorce case. An attorney must represent his or her client's best interests at all times. Attempting to represent both parties would be unethical, and would present an obvious conflict of interests. Divorce can be relatively simple or it can be relatively complex. In either case you need to hire your own attorney. The decisions you make concerning settlement will not only effect you financially but will have permanent effects on your legal rights and duties. Why anyone would even think about going through a divorce without their own attorney is beyond me. It will always cost the person much, much more than any amount of money they think they are saving by using only one attorney. Don't make a serious mistake. Hire an attorney.

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Answered on 3/15/07, 12:02 am


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