St. Louis Marital & Separate Property Attorney

Who gets what possessions when parties divorce?

In Missouri, the law recognizes two types of property – separate and marital.  Separate property is the property of one spouse obtained prior to the marriage.  Marital property is property the parties obtained during the marriage.  Sometimes a party can convert separate property to marital property by, for example, titling a house purchased prior to the marriage jointly in the names of both parties.  One challenge in dividing property is untangling commingled property.

Generally, the court must make an equitable distribution of marital property and set aside to each party his or her separate property.  Property includes both assets and liabilities.  The court will start from a 50-50 division and depart if the circumstances warrant, after considering the economic circumstances of each party at the time of dissolution, including how to handle the marital residence; the contribution of each spouse to the marital property; the value of the separate property of each party; the conduct of the parties during the marriage; and the custodial arrangements for the children.

Dividing marital property can become very challenging and complex as the number of assets increases, particularly ones in trusts or investments or retirement accounts.  The court may have to enter a Qualified Domestic Relations Order (QDRO) to distribute a portion of a pension or retirement account, and it must be drafted to suit the particular demands of the administrator of the account.