452.080. Decree for alimony — a lien, when. — Upon a decree of divorce, the court may, in its discretion, decree alimony in gross or from year to year. When alimony is decreed in gross, such decree shall be a general lien on the realty of the party 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 execution in the hands of the proper officer, issued for the purpose of enforcing such decree, shall constitute a lien on the real and personal property of the defendant in such execution, so long as the same shall lawfully remain in the possession of such officer unsatisfied. In lieu of 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 security ample and sufficient for such alimony; but where default 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.
Notes of Decisions
Cited in
27
cases, 1963–1995 · leading case:
Nelson v. Nelson, 720 S.W.2d 947 (Mo. Ct. App. 1986).
Nelson v. Nelson, 720 S.W.2d 947 (Mo. Ct. App. 1986).
· cites it 42× “The opinion went on to explain the attributes of maintenance in gross, characteristics which rendered such an award “especially appropriate” in that case: Such an award was not only “not modifiable by a court,” but also, “[u]nlike periodic payments, a gross award is a lien on…”
Doerflinger v. Doerflinger, 646 S.W.2d 798 (Mo. 1983).
· cites it 11× “1981), it has also been held that this same section sanctions awards of maintenance in gross formerly authorized by Section 452.080, RSMo 1969. D_E_W_ v. M_W_, 552 S.”
Hawkins v. Hawkins, 511 S.W.2d 811 (Mo. 1974).
· cites it 6× “” Section 452.080, RSMo 1969, V.A.M.S., provides that “[u]pon a decree of divorce in favor of the wife, the court may, in its discretion, decree alimony in gross or from year to year.”
Cates v. Cates, 819 S.W.2d 731 (Mo. 1991).
· cites it 2× “Section 452.080, which the General Assembly did not repeal, refers to alimony in gross and, we speculate, survived the 1973 amendments to permit enforcement of alimony judgments entered prior to the effective date of the laws relating to dissolution of marriage.”
Carr v. Carr, 556 S.W.2d 511 (Mo. Ct. App. 1977).
· cites it 5× “Husband’s contention overlooks the fact that § 452.080, RSMo 1969, was not repealed by the legislature and this statute authorizes awards of alimony in gross, from year to year, or both.”
D_ E_ W v. M_ W, 552 S.W.2d 280 (Mo. Ct. App. 1977).
· cites it 7× “Section 452.080, RSMo 1969, of the previous divorce act, which specifically authoriz *283 ed alimony in gross was not repealed by the Missouri legislature when the dissolution statute was passed.”
Taylor v. Taylor, 367 S.W.2d 58 (Mo. Ct. App. 1963).
· cites it 3× “Section 452.080 RSMo 1959, V.A.M.S., in effect when the decree was entered, provides, that when a decree of divorce is granted in favor of the wife the court may decree alimony in gross or from year to year.”
Gunkel v. Gunkel, 633 S.W.2d 108 (Mo. Ct. App. 1982).
· cites it 3× “1977); § 452.080 RSMo.1978. If the obligation to pay a spouse is maintenance in gross, it survives the spouse’s death or remarriage and constitutes a general lien on the realty of the party against whom the decree was rendered.”
Costley v. Costley, 717 S.W.2d 540 (Mo. Ct. App. 1986).
· cites it 2× “440, RSMo 1978; § 452.080, RSMo 1978; Thomas v. Shoots, 651 S.”
Clark v. Clark, 718 S.W.2d 649 (Mo. Ct. App. 1986).
· cites it 3× “One of the statutes that survived is presently codified as § 452.080, RSMo 1978. It provides, in pertinent part: “Upon a decree of divorce in favor of the wife, the court may, in its discretion, decree alimony in gross or from year to year.”
Swanson v. Swanson, 464 S.W.2d 225 (Mo. 1971).
· cites it 2× “§ 452.080, RSMo 1969, V.A.M.S. It would not be subject to termination upon respondent’s remarriage, § 452.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.