Missouri Divorce & Family Law Blog

Missouri Divorce & Family Law Blog

for Missourians struggling with divorce and family law matters

Category Archives: Property-Debt Division

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Modification of spousal support order requires substantial and continuing change in circumstances

Posted in Alimony / Maintenance, Assets and Debts, Divorce, Financial Issues, Property-Debt Division
Recent Case:  From the Missouri Court of Appeals, Modification of Spousal Support vs. Property Division Appellant Husband appeals the trial court’s judgment reducing, but not terminating, his maintenance obligation, retroactive to February 2015, and awarding Wife attorney’s fees. Missouri statutes allow modification of spousal maintenance when circumstances change, the change is substantial and continuing, and… Continue Reading

LAGERS Pension divided as a future asset

Posted in Alimony / Maintenance, Assets and Debts, Divorce, Financial Issues, Property Division, Property-Debt Division
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 future asset, requiring the beneficiary to pay the ex-spouse a fixed amount of the future payment, and assigning zero present… Continue Reading

Spousal Support (Maintenance) Denied in Missouri Divorce

Posted in Alimony / Maintenance, Child Support and Alimony, Divorce, Family Law, Financial Issues, Getting a Divorce, Property-Debt Division
Recent Case: Missouri Court of Appeals upholds Judgment denying spousal support when sufficient property is awarded Wife appeals from the trial court’s judgment that dissolved her marriage with Husband, divided marital property and marital debt, and denied her an award of maintenance. Wife challenges only the trial court’s denial of an award of maintenance. Judgment… Continue Reading

Stock Split is Marital Property in Missouri Divorce

Posted in Assets and Debts, Divorce, Family Law, Financial Issues, Legal Separation, Property-Debt Division
Recent Case:  Split of Stock awarded to spouse is property of that spouse Wife appeals the judgment of contempt of the Circuit Court of St. Charles County ordering her to transfer 960 shares of stock to Husband. Decision upheld Because the dissolution judgment awarded Husband 96 shares of Wife’s unvested MasterCard stock and the stock… Continue Reading

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

Posted in Assets and Debts, Child Custody and Visitation, Custody and Visitation, Divorce, Family Law, Guardian Ad Litem, Property Division, Property-Debt Division
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 division in favor of his former spouse, Mother. Father asserts that the trial court erred by: (1) failing… Continue Reading

Property division in Missouri divorce is final and cannot be modified

Posted in Assets and Debts, Divorce, Financial Issues, Property-Debt Division, Res Judicata and Collateral Estoppel, Retirement Plans and Division
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 determination that her agreement to turn over her survivor interest in her former husband’s (“Father”) pension… Continue Reading

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

Posted in Assets and Debts, Divorce, Financial Issues, Property Division, Property-Debt Division, Retirement Plans and Division, Uncategorized
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 then died in 2012. Subsequent to his death, his ex-wife sought and obtained a QDRO giving her one-half of… Continue Reading

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

Posted in Assets and Debts, Divorce, Financial Issues, Property Division, Property-Debt Division, Retirement Plans and Division
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 marital property and awarding almost $20,000 to Wife, which represented Husband’s contribution to his railroad retirement pension during the… Continue Reading

Court must account for all property in Missouri divorce

Posted in Assets and Debts, Divorce, Financial Issues, Property Division, Property-Debt Division
Recent case:  Party to Missouri divorce cannot appeal until all claims addressed Wife appeals the circuit court’s judgment dissolving her marriage to Husband. Wife contends that the court erred in failing the distribute a marital pension/retirement plan.  The Judgment was silent regarding the retirement plan, and there was no evidence in the record to support… Continue Reading

Unequal Division of Marital Property Appropriate in Some Circumstances

Posted in Assets and Debts, Divorce, Financial Issues, Property Division, Property-Debt Division, Trials
In a Missouri Divorce, the Court must divide all of the property and debt acquired during the marriage.  The property does not necessarily need to be divided equally, but it must be divided equitably (fairly).  In determining this, the Court must consider all relevant factors, including the economic circumstances of each spouse, the contributions of… Continue Reading

Searching for Hidden Assets at Divorce

Posted in Property-Debt Division
How to find property your spouse may be concealing when you divorce. This list includes common ways in which a spouse may undervalue or disguise marital assets: * Antiques, artwork, hobby equipment, gun collections, and tools that are overlooked or undervalued. Look for antique furnishings, original paintings, or collector-level carpets at the office. * Income… Continue Reading