Archdekin v. ArchdekinAnnotate this Case
The Supreme Court reversed in part and affirmed in part the final judgment of the trial court dissolving Husband’s marriage to Wife, holding that the trial court’s retroactive award of maintenance was erroneous but the judgment was otherwise proper.
In 2013, the trial court entered an interlocutory judgment entry for dissolution of marriage dissolving the marriage, dividing marital property, and ordering Husband to pay Wife $1,500 per month in maintenance, retroactive to November 1, 2011. The interlocutory judgment was twice modified by the court. On April 16, 2016, the trial court entered its final judgment entry and dissolution of marriage dividing the remainder of the parties’ property and awarding maintenance in accordance with its interlocutory judgment. On appeal, the Supreme Court held (1) the need for and amount of maintenance was erroneously determined prior to the final disposition of property, but the error was not material because the final division of property did not make any significant change in the award of property to the parties; (2) the trial court did not misapply the law in determining the need for and amount of maintenance; but (3) a retroactive maintenance award is not authorized under Mo. Rev. Stat. 452.335.