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Maintenance: Pension, IRAs, Retirement Accounts

Pensions, individual retirement accounts (IRAs), 401(k)s and other retirement savings plans and tax advantaged plans are often a core part of someone’s net worth. In the context of a divorce, depending on when the assets were accumulated, they are subject to an equitable division between spouses. To avoid tax problems, a Court will typically enter […]

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Business Valuation in Divorce

In divorce proceedings, assigning a value to a private business interest (whether owned by husband or wife) often leads to large disagreements when dividing property. Publicly traded interests (e.g., publicly traded stocks) are easy because those values are readily available. Private interests, however, are much more difficult because small businesses can be more economically volatie […]

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Trust Assets in a Divorce

When dividing marital property in a divorce, the court is to consider the factors set forth in Section 452.330, RSMo and then divide the property in such a way that it seems just. Workman v. Workman, 293 S.W.3d 89, 96 (Mo. Ct. App. 2009). A court generally has “great flexibility” in dividing the marital property. Shepard v. […]

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Purpose of Maintenance/Alimony in Divorce

Maintenance (f/k/a as alimony) consists of payments made from one ex-spouse to the other ex-spouse after the marriage has ended. It is founded on the need for reasonable support by one spouse after the end of the marriage, and a maintenance award may extend only so long as the need exists. Cates v. Cates, 819 S.W.2d […]

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Attorney Fees in a Divorce

A litigant is typically responsible for his/her own attorney fees in a lawsuit. This frequently has the practical effect of making litigation not so much about the merits of a case, but, instead, more about the cost of enforcement or defense versus the likelihood of success and exposure at trial. In Missouri, the two main […]

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Income & Expense Statements in Divorce, Maintenance/Alimony

Missouri law requires that a party to a divorce proceeding file a statement of income and expenses detailing all of his/her personal receipts and expenditures. Depending upon the county, the income and expense statement is filed at the time of a party’s initial pleadings or soon after. Many counties further require that the parties supplement the […]

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Marital Property Division: Disclosure, Omission, Fraud, Mistake

Whether intentionally as part of a scheme to conceal and defraud, or an honest oversight, omissions occur in property disclosure statements and divorce decrees. In Missouri, the division of marital property — essentially all property and debt accrued/accumulated during the course of a marriage — is final and is not subject to division. Section 452.360.2, […]

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Retroactive Child Support Orders

During several divorce, paternity or child support cases, a long period of time can elapse between the filing of the petition and when the court enters its final judgment and order. It is quite common for cases to last 18+ months, particularly in contested cases. Knowing this, parties will often string a case out as […]

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How is inheritance handled in a divorce?

The general rule of thumb in divorces is that all property accrued during the marriage is subject to division by the Court. The Court has very broad discretion in dividing this marital property. There are major exceptions to the marital property rule which take certain categories of property directly outside of the division analysis, including property acquired by gift […]

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