» Property Division
Which Assets Qualify as Marital Property in a Missouri Divorce?
November 26th, 2024
Part of the divorce process is distributing property between spouses. However, not every asset is subject to division — only marital property must be divided when couples part ways. Property division is one of the most important considerations in d…
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What are Your Options for Splitting the House in Divorce?
March 25th, 2024
If you’re thinking about divorce, you will also need to consider how your property will be divided. Significantly, the marital home is often the biggest asset a couple acquires when they are married. What will happen to it during divorce proceeding…
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Compelling Disclosure of Information About Retirement Benefits in a Missouri Divorce
August 17th, 2020
A Missouri divorce case requires both spouses to account for everything they own, and if possible, determine how to divide the marital property between themselves. If the soon-to-be-ex-spouses cannot reach an agreement, the court will decide for them…
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What Happens to a Coronavirus Stimulus Check that Arrives During a Divorce?
April 28th, 2020
The global coronavirus pandemic is a truly unprecedented event in modern history. It has caused extensive upheavals across Missouri, the United States, and the world. Much of our society has slowed to almost a halt as people practice “social distan…
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Division of Retirement Benefits in Missouri Divorces
January 15th, 2020
A Missouri divorce case often involves multiple complicated issues that the parties or the court must resolve. This includes questions about child custody and child support, as well as division of marital property. Some assets are easier to divide an…
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Missouri Court of Appeals Rules on Disputed Division of Military Benefits After Divorce
December 16th, 2019
In a Missouri divorce case, a judge must dispose of all issues between the spouses before signing a final order. This includes child custody and child support, as well as division of marital property. Courts encourage parties in any kind of litigatio…
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LAGERS Pension divided as a future asset
July 23rd, 2016
Recent Case: LAGERS Pension present value of zero but future payment divided Missouri Statutes require division of marital property, including local government retirement system benefits. The Circuit court treated the defined benefit pension as a fut…
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Guardian Ad Litem recommendation not binding; Custody findings required; Property division must be fair, not necessarily equal
November 7th, 2015
Recent Ruling: Court not required to follow Guardian Ad Litem Recommendation, Specific findings under the 8 statutory factors required in Judge tried case Father appeals from the trial court’s dissolution judgment as to child custody and property d…
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Trial court has the authority to enter a Qualified Domestic Relations Order (QDRO) even after the death of the plan participant.
January 11th, 2015
Recent Case: Missouri Court of Appeals In a 2010 dissolution judgment, Husband and Wife agreed, per a separation agreement, that each would get one-half of Husband’s Anheuser-Busch pension “unless Wife remarries.” In 2011, Husband remarried. He…
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Railroad Retirement benefits are partially marital property subject to division in Missouri divorce
September 20th, 2014
Recent case: Tier II railroad retirement benefits are marital property Husband appeals the circuit Court’s judgment dissolving his marriage to Wife. Husband contends that, among other things, that the Court misapplied the law in classifying as mari…
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