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St. Louis Property Division Attorneys

Quick Answer

Missouri divides marital property equitably — meaning fairly, not necessarily equally. Identifying what's marital vs. separate property, and properly valuing complex assets, can be worth hundreds of thousands of dollars. Thompson & Walker has the financial expertise to protect every dollar.

Marital vs. Separate Property in Missouri

Marital Property is generally everything acquired during the marriage, regardless of whose name is on the title. This includes income, home equity accumulated during the marriage, business growth, and retirement contributions made during the marriage.

Separate Property includes assets owned before marriage, inheritances received by one spouse (even during the marriage), and gifts made specifically to one spouse. Separate property is generally not subject to division — but commingling it with marital assets can change its classification.

Retirement Accounts and the QDRO

Retirement accounts — 401(k)s, pensions, IRAs — are often the most valuable marital assets. Dividing them requires specialized legal orders called Qualified Domestic Relations Orders (QDROs). An improperly drafted QDRO can cost you years of retirement savings. Jason Walker has extensive experience preparing and reviewing QDROs.

Business Valuation

When one or both spouses own a business, that business interest is often marital property. Proper valuation requires forensic accounting, industry analysis, and understanding of valuation methodologies. Jason Walker works with certified business valuation experts to ensure the business is properly valued — and to challenge inflated or deflated valuations by the other side.

Missouri Law: RSMo § 452.330 (property division), RSMo § 452.332 (marital vs. separate property), ERISA § 206(d) (QDRO requirements)

Frequently Asked Questions

Is Missouri a community property state?
No. Missouri is an equitable distribution state, not a community property state. Courts divide marital property fairly based on statutory factors — not automatically 50/50.
Can I keep the house in a Missouri divorce?
Possibly — if you can afford to buy out your spouse's interest or trade other marital assets of equivalent value. The marital home is often the largest asset and subject to division.
What happens to debt in a Missouri divorce?
Marital debt is subject to equitable division just like assets. Courts consider who incurred the debt, who benefited, and each party's ability to pay. However, division orders between spouses don't bind creditors — if your spouse is ordered to pay a joint debt and doesn't, the creditor can still pursue you.
How are retirement accounts divided in Missouri divorce?
Retirement accounts earned during the marriage are marital property. Division is accomplished through a QDRO — a court order directing the plan administrator to transfer a portion of the account to the non-employee spouse. The transfer is tax-free if done correctly.
Can I protect my inheritance during a Missouri divorce?
Generally yes — if you kept it separate from marital assets. If you deposited an inheritance into a joint account or used it to improve marital property, it may have been commingled and partially classified as marital.

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