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Missouri Property Distribution Laws

In a Missouri divorce action, marital property is divided in an equitable manner. Each party will retain any property he or she obtained prior to the marriage, including any gifts or inheritances. Similarly, any property exchanged for these items of property or any interest obtained from holding these items of separate property remains separate property. Marital property is considered all property that was acquired after the marriage whether held jointly or individually, except if said property was

• a gift or inheritance,

• received in exchange for non-marital property,

• an increase in non-marital property, or

• excluded by a written agreement between the spouses.

Marital property will be divided in a Missouri divorce in an equitable manner based upon the following factors:

• the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker;

• the value of each spouse's property;

• the economic circumstances of each spouse at the time the division of property is to become effective;

• the conduct of the spouses during the marriage generally and as it relates to the disposition of their property;

• the desirability of awarding the family home to the spouse having custody of the children; and

• any custodial arrangements for children.

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