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With no State decision squarely on point, the Court must do
its best to discern and apply what it believes to be Missouri
law. Bernhardt v. Polygraphic Co., 350 U.S. 198 (1956).
1. Missouri Family Law
In Missouri, an award for attorney’s fees does not arise out
of the Missouri alimony provision. In 1974, the State enacted
the Dissolution of Marriage Act, Mo. Ann. Stat. sections 452.300-
452.415 (West 2003). Prior to that time, there was no express
statutory authority for awarding attorney’s fees, and such awards
were generally made under the auspices of the alimony provisions.
See, e.g., Rutlader v. Rutlader, 411 S.W.2d 826, 829 (Mo. Ct.
App. 1967); Knebel v. Knebel, 189 S.W.2d 464, 466 (Mo. Ct. App.
1945). In enacting the Dissolution of Marriage Act, the State,
instead, provided for three separate and distinct awards in a
marriage dissolution proceeding: (1) child support, (2)
maintenance (formerly referred to as alimony), and (3) attorney’s
fees. See Mo. Ann. Stat. secs. 452.340, 452.335, 452.355 (West
2003).
The separate treatment of maintenance and child
support, as one type of an award, and litigation costs
and attorney fees as another type of award,
demonstrates a legislative intent not to continue the
authority to award attorney fees as an incident to
alimony or the present substitute for alimony which is
designated as maintenance.
Dyche v. Dyche, 570 S.W.2d 293, 296 (Mo. 1978). Alimony, unlike
other types of awards, is traditionally “considered to be
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