Missouri Divorce & Family Law Blog

Missouri Divorce & Family Law Blog

for Missourians struggling with divorce and family law matters

Category Archives: Retirement Plans and Division

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Property Not Owned by Spouses Cannot Be Divided in Divorce

Posted in Assets and Debts, Divorce, Financial Issues, Legal Proceedings, military divorce, Property Division, Retirement Plans and Division
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 beneficiaries.  Since the parties to the case did not have any interest … Continue Reading

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

Posted in Assets and Debts, Custody and Visitation, Discovery, Divorce, Financial Issues, Legal Proceedings, Legal Separation, Marriage and Family, military divorce, Military Family Law, Property Division, Retirement Plans and Division, Trials
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 and remanded to the trial court for … Continue Reading

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

Posted in Alimony / Maintenance, Assets and Debts, Child Abuse, Divorce, Financial Issues, Legal Separation, military divorce, Property Division, Retirement Plans and Division
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 their sole motivation in the case. Or maybe … Continue Reading

Domestic Support Obligations and Bankruptcy

Posted in Alimony / Maintenance, Assets and Debts, Child Support, Divorce, Financial Issues, Legal Proceedings, military divorce, Modifications, Property Division, Retirement Plans and Division
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 avoid payment of the debt. In fact, virtually any obligation … Continue Reading

Courts Bulletin : April Family Law Cases

Posted in Child Support, Divorce, Modifications, Property Division, Retirement Plans and Division
Burden of proof of stalking for order of protection. Thomas Schwalm, Respondent v. Lori Schwalm, Appellant, No. 87829 (Mo. App. E.D., March 20, 2007), Richter, P.J.   This case is instructional to the extent it discusses the failure of proof that required the reversal of the judgment for an order of protection.   Husband sought an order … Continue Reading

8 Reasons to Have an Estate Plan

Posted in Divorce, Financial Issues, Property Division, Retirement Plans and Division
One very important, and often overlooked, factor to consider as part of your dissolution of marriage is a re-evaluation, (or first evaluation as is often the case) of your estate plan.   If there is no plan in place, the laws that will determine how your estate will be divided upon your death change significantly when you are … Continue Reading

This Week in Missouri Family law

Posted in Assets and Debts, Property Division, Retirement Plans and Division, Trials
Pension Was Marital And Non-Marital Property Pension is a hybrid of marital and non-marital property; the former to the extent that it represents deferred payment of wages earned during the marriage, and the latter to the extent that it represents compensation for future wages lost due to disability. Remanded to Circuit Court to reconsider property … Continue Reading