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 and debt division, and maintenance awards.
Sandra Ray Coffman, Respondent v. Elvin Cale Coffman, Appellant. Missouri Court of Appeals Western District
Separable Finality Did Not Apply
When a party to an action for dissolution of marriage dies, action continues if Circuit Court has already dissolved marriage "even though the order may be partial, interlocutory or not a final judgment resolving all issues in the case." But action abates if Circuit Court has not already made some order purporting to dissolve the marriage. Order nunc pro tunc cannot correct that omission.
Mary Ruth McMilian, Appellant, v. James Henry McMilian, Respondent. Missouri Court of Appeals Western District