Roth v. Roth
Roth v. Roth
Opinion of the Court
This is a dissolution action in which the husband appeals from that portion of the decree awarding maintenance to the wife. We affirm.
The decree ordered husband to pay wife as maintenance in gross the sum of $35,000, at the rate of $400 per month, and ordered that the sum be secured by a lien on marital property which had been specifically allocated and set off to the husband.
The husband contends that the court erred in awarding maintenance. He claims that as a matter of law the wife was not entitled to maintenance under § 452.335, RSMo 1978, because she had the ability to provide for her own reasonable needs under the criteria set out in paragraphs 1 and 2 of the statute.
Section 452.335, RSMo 1978 in pertinent part provides:
“1. In a proceeding for dissolution of marriage ... the court may grant a maintenance order to either spouse, but only if it finds that the spouse seeking maintenance
(1) Lacks sufficient property, including marital property apportioned to him, to provide for his reasonable needs; and
(2) Is unable to support himself through appropriate employment .... 2. The maintenance order shall be in such amounts and for such periods of time as the court deems just, and after considering all relevant factors including:
(1) The financial resources of the party seeking maintenance, including marital property apportioned to him, and his ability to meet his needs independently...
(2) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment;
(3) The standard of living established during the marriage;
(4) The duration of the marriage;
(5) The age, and the physical and emotional condition of the spouse seeking maintenance;
(6) The ability of the spouse from whom maintenance is sought to meet his needs while meeting those of the spouse seeking maintenance; and
(7) The conduct of a party seeking maintenance during the marriage.”
Without stating all the evidence, we find that the record supports the court’s determination to award maintenance to the wife.
Accordingly, and in compliance with Rule 84.16(b), the judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.