» Property Division

Wife And Husband Property During Divorce Process Visual concept for a legal blog discussing what qualifies as marital property in a Missouri divorce and how assets are divided.

Which Assets Qualify as Marital Property in a Missouri Divorce?

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… Read More
A divorced couple tearing blue paper with the symbol of the house. Visual concept for legal blog titled

What are Your Options for Splitting the House in Divorce?

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… Read More
Judge with a gavel working with documents and law books

Compelling Disclosure of Information About Retirement Benefits in a Missouri Divorce

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… Read More
IRS refund check and 1040 tax form

What Happens to a Coronavirus Stimulus Check that Arrives During a Divorce?

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… Read More
retirement savings growing

Division of Retirement Benefits in Missouri Divorces

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… Read More
American Soldiers

Missouri Court of Appeals Rules on Disputed Division of Military Benefits After Divorce

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… Read More

LAGERS Pension divided as a future asset

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… Read More

Guardian Ad Litem recommendation not binding; Custody findings required; Property division must be fair, not necessarily equal

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… Read More

Trial court has the authority to enter a Qualified Domestic Relations Order (QDRO) even after the death of the plan participant.

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… Read More

Railroad Retirement benefits are partially marital property subject to division in Missouri divorce

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… Read More