One of the major sticking points in any divorce is the “equitable” division of property. Missouri courts have broad discretion in making this determination. And an equitable division, does not always mean a 50/50 split. In fact, a Missouri court recently held that the court may consider separate property brought into marriage, even if the property was later converted into marital property. Moreover, the court does not have to specify which property the equitable division relates or with which the division should be satisfied from. An experienced Missouri family law attorney (i.e., divorce attorney) can help you navigate and prove what is an equitable division of marital property.
Missouri trial courts follow a two-step procedure when dividing property in a divorce: (1) the court must set apart to each spouse their non-marital property, and (2) the court must divide the marital property and debts in such proportions as the court deems just after considering all relevant factors. The court must consider the following factors:
(1) The economic circumstances of each spouse at the time the division is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the spouse having custody of any children; (2) The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker; (3) The value of the nonmarital property set apart to each spouse; (4) The conduct of the parties during the marriage; and (5) Custodial arrangements for minor children.
Mo. Rev. Stat. section 452.330.1.
The court may weigh these factors as the court deems appropriate. Moreover, these factors are not the only factors the court may consider. Thus, the court has great flexibility in dividing marital property. In fact, the division does not have to be equal, but it must be fair and equitable under the circumstances.
In the recent case, the wife had several significant assets at the time of the marriage, including: (a) $21,000 in cash; (b) $10,000 from a personal injury settlement; and (c) ownership of a bar. The husband, on the other hand, had very little at the time of the marriage. About three years before the divorce, the husband began working in Texas, while the wife remained in Missouri. During this three years, the wife became ill. At the time of divorce, the parties’ situations had completely reversed. The wife had very little property, and the husband now owned a business in Texas, a motorcycle valued at over $35,000, and two trucks. The trial court held that in order to effect an equitable division of the couple’s property and after considering each party’s separate funds at the beginning of the marriage, the wife should receive $17,000 from the husband. The husband appealed this decision.
The reviewing court held that the trial court’s award of $17,000 to the wife was not an abuse of discretion. Moreover, the reviewing court held that the trial court did not have to specify whether this award related to a specific piece of separate, non-marital property or represented a specific piece of marital property the wife was to receive. In fact, even if the husband had shown that the wife’s separate, non-marital property had been expended solely for her own benefit and not to acquirer martial assets or pay marital debts, the reviewing court would only reverse the trial court’s judgment only if that “erroneous characterization materially impacted the overall distribution of marital property.” As the reviewing court stated:
Because Husband has failed to demonstrate that any difference between the net value of the marital property he received and the net value of the marital property awarded to Wife disproportionately favors Wife, he has failed to overcome the presumption that the trial court’s property division was correct. As a result, we cannot say the trial court abused its discretion in awarding Wife a $17,000 money judgment as a portion of that overall property division. Husband’s point is denied, and the judgment is affirmed.
With the broad discretion given to a trial court, it is critical that you prove, at the earliest opportunity, what is an equitable division of marital property. Especially, when you consider that a 50/50 split of all marital property does not necessarily equate to an equitable division of property. An experienced Missouri divorce and family law attorney can help you make this offer of proof.
– ksmolawyer
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