» Retirement Plans and Division

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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
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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

Property division in Missouri divorce is final and cannot be modified

Recent Case: Division of Property is final and non-modifiable in divorce proceedings. Statute enacted after the end of divorce case does not apply retroactively. In a recent case from the Missouri Court of Appeals, Wife appeals the trial court’s de… 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

Property Not Owned by Spouses Cannot Be Divided in Divorce

The Circuit Court does not have authority to divide assets that are not owned by either spouse in a dissolution of marriage. In a recent Missouri case, the trial court entered a judgment that divided certain trusts where the children were the sole be… Read More

Grossly disproportionate division of property and debts in a divorce proceeding reversed

In a recent ruling by the Missouri Court of Appeals for the Southern District, a division of property and debt where the Wife received 93% of the assets and 27% of the debts, and the Husband received 7% of the assets and 73% of the debt was reversed… Read More

The Financial Aspects of Divorce: Why It usually IS "All About The Money"

I can’t think of how many times that I have had a client tell me, regardless of what the issue is that is in dispute, that the opposing party is “just worried about money” or that it is “all about the money” for him or her, and that is thei… Read More

Domestic Support Obligations and Bankruptcy

With so many people facing bankruptcy in the current climate, it may be good news to know (depending on which side you are on, of course) that the bankruptcy does not allow a person owing a domestic support obligation to use bankruptcy as a way to av… Read More