Decree for alimony
When a court grants a divorce, it can order one person to pay alimony (money support) to the other. That payment can be one lump sum or spread out over yearly payments. If it is a lump sum, the order automatically becomes a claim against any real estate the paying person owns. If it is yearly payments, the claim against property only kicks in when the court sends an officer to collect unpaid amounts. The paying person may also be required to put up security to guarantee the payments will be made.
452.080. for — a , when. — Upon a decree of divorce, the court may, , decree or from year to year. When alimony is decreed in gross, such decree shall be a on the of the against whom the decree may be rendered, as in the case of other judgments. When such decree is for alimony from year to year, such decree shall not be a lien on the realty as aforesaid, but an in the hands of the proper officer, issued for the purpose of enforcing such decree, shall constitute a lien on the real and of the in such execution, so long as the same shall lawfully remain in the possession of such officer unsatisfied. the lien of such decree for alimony from year to year, it is hereby provided that the party against whom such decree may be rendered shall be required to give ample and sufficient for such alimony; but where has been made in giving such security, the decree for alimony from year to year shall be a lien as in case of general judgments.
(RSMo 1939 § 1520, A.L. 2001 H.B. 537)
Prior revisions: 1929 § 1356; 1919 § 1807; 1909 § 2376
(1977) Statute allowing of in gross was not repealed by the statutes and § 452.335 does not award of maintenance in gross. Carr v. Carr (A.), 556 S.W.2d 511.
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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.