One of the most challenging aspects of divorce for couples is the division of marital assets and property. Deciding who gets what during a divorce can make even amicable separations contentious.
You need to know how Missouri’s law views marital property and how the courts divide that property when you’re getting a divorce.
Who Gets What in a Missouri Divorce?
Across the nation, there are two ways to divide marital property. Some states follow the community property rule, while most, including Missouri, follow the equitable distribution system. Equitable distribution means that the court divides marital property between spouses “equitably” or fairly during divorce. There is some confusion over the term because many assume that “equitable” means a 50-50 split. That is not always the case. Equitable distribution means the court evaluates several factors to determine the fair distribution of property, assets, and debts between partners.
Relevant factors the court can consider when determining who gets what in a Missouri divorce include:
- Economic circumstances of each spouse
- Contribution of each spouse to the acquisition of marital property (this includes contributions of a spouse who is a homemaker)
- Value of the non-marital property of each spouse
- Conduct of each party during the marriage
- Custodial arrangements for children
Only marital property is subject to division during divorce. Marital property includes assets and property acquired or accumulated throughout the marriage. Generally, “separate property” is excluded from marital property and is not subject to division. Separate property can include gifts, property owned or acquired before marriage, or property excluded by a valid written agreement like a prenuptial agreement.
A Missouri judge has broad discretion over the distribution of marital assets depending on the circumstances of the marriage.
Resolving Issues Regarding Marital Property Distribution
Another way to decide who gets what in a divorce is to work with your spouse toward an amicable property division arrangement through mediation or alternative dispute resolution. Partners on relatively good terms with one another may find it more valuable to resolve their property dispute issues without involving the Missouri courts.
In mediation, a neutral third party facilitates communication between spouses and helps them negotiate a resolution to divorce and property distribution issues. This option gives couples more control over the outcome of their divorce and allows them to work together to decide how assets, debts, and property should be distributed.
Discussing your situation with an experienced family law attorney is the best way to learn about your legal options regarding who gets what during the divorce. An attorney can advocate for you during the mediation or court process and ensure your rights are protected while seeking a fair solution for you.
Schedule an Initial Legal Consultation with a Family Law Attorney Today
Property division can be one of the most challenging aspects of divorce. Protect yourself and discuss your situation with an experienced Missouri divorce attorney at Grant, Miller & Smith, LLC. Our legal team will put our decades of experience to work for you.
Contact our office today and set up a confidential consultation to learn more.