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…
Legal Articles
Pensions & Retirement Accounts in a Divorce
In a divorce, the court must divide all marital property (i.e., assets generally accrued by either party during the marriage, including debts and liabilities) and award the property to each spouse. A trial court has “broad discretion” in dividing property, and the “division of marital property need not be equal, but must only be fair and…
Division of Property in a Divorce: Marital and Nonmarital Property
In a Divorce in Missouri, a Court is charged with determining whether property is “marital” or “nonmarital.” The Court must then set apart to each spouse his or her nonmarital property. The marital property is divided as the Court deems just after considering all relevant factors. As such, nonmarital property is not subject to division,…