636-698-1331Overview of Divorce Law in Missouri
Property Division
The court is required to set apart to each spouse his or her separate property and divide the marital property and debts in proportions as the court deems just. Notably, the law does not require an even division of property and debt – what is required is a “just” division. Or in other words, a division that the judge determines is fair under the circumstances.
If you are not able to agree upon the division of assets and debt with your spouse, the judge will be required to make this determination. In doing so, the judge will first make findings on whether assets are marital or separate. Generally, all assets acquired during a marriage are marital, except for property acquired by gift or inheritance, property acquired in exchange for other separate property, property acquired before the marriage, property identified as separate property by a valid written agreement between you and your spouse, and the increase in value of property acquired before marriage. After the Court sets aside each spouse’s separate property, it will then make a just division of the marital property.
In making a just division of marital property, the Court is required to consider the following factors: 1) the economic circumstances of each spouse at the time the division of property will be effective; 2) the contribution of each spouse to the acquisition of marital property; 3) the value of the non-marital property set apart to each spouse; 4) the conduct of the parties during the marriage; and, 5) the custodial arrangements for minor children.
Section 452.330, RSMo.
Child Custody
When there are children involved, the court will need to enter orders relating to child custody. In doing so, the court looks to establish a custody order that promotes frequent and meaningful contact with both parents, and encourages parents to share in the decision-making rights and responsibilities of the children.
Generally, the court has four options in determining custody of children. It may order the parents to share joint legal custody and/or joint physical custody, and may order that one parent receive sole legal custody and/or sole physical custody, with the other parent receiving visitation with the children. The court can order these legal and physical custody designations in any combination it sees fit to best promote the best interests of the children.
Child Support
The court may order either or both parents to pay child support. However, in practice, the court will generally order one parent to pay the other parent. The court can make this support responsibility retroactive to the filing of the petition for divorce.
Child support is initially determined according to Missouri Rule of Civil Procedure 88.01. This rule sets forth a formula that creates a rebuttable presumption for the child support number it calculates. The formula is intended to provide for child support awards that are consistent statewide and that more adequately reflect the true costs of child rearing. More specifically, the formula considers the financial resources of the parents, financial resources of the child, needs of the custodial parent, physical and emotional condition of the child, and the standard of living the child would have enjoyed had the marriage not been dissolved. However, it should be noted that these guidelines change every four years.
While the number calculated by Civil Procedure Rule 88.01, and Civil Procedure Form 14, are presumed correct, the court may approve a different amount if certain requirements are met.
For additional information related to child support in Missouri, please visit our child support page.
Maintenance (Spousal Support)
The court may award maintenance upon request of either spouse. In determining whether to award maintenance, the court will determine whether the requesting party lacks sufficient property, including property distributed during the divorce, to provide for his or her reasonable needs, and whether the requesting party is able to meet his reasonable needs through appropriate employment. The court will also consider any custody schedule or special conditions of a child in determining whether the requesting spouse has the ability to gain employment to meet his reasonable needs.
If a part demonstrates that he or she requires maintenance, the court must then determine what amount of maintenance is appropriate. Unlike child support, there is no rigid formula the court follows in making this determination. Instead, the court will consider any relevant factors including the nine specific factors set forth in Missouri’s maintenance statute (452.335, RSMo).
Any award of maintenance will also include a determination of whether the award is modifiable or non-modifiable, and possibly a specific duration for payments.
Either party to a divorce may move for temporary maintenance. The Court’s analysis is similar, if the not the same, to its analysis for maintenance in the underlying divorce case. However, the purpose of temporary maintenance is to maintain the status quo of the parties pending the final divorce judgment, and the Court is provided broad discretion in this determination.
Section 452.315, RSMo; Dubrovensky v. Vakula, 574 S.W.3d 287 (Mo. App. E.D. 2019)
Evidence of what the rent and utility payments were in the marital home is direct evidence of the standard of living a couple enjoyed during the marriage.
A spouse will not be penalized for accepting a downgraded living situation during a divorce when seeking maintenance based on standard of living during the marriage.
Dubrovenskiy v. Vakula, 574 S.W.3d 287 (Mo. App. E.D. 2019).
In making a maintenance determination, the Court may consider the past and present earnings of each spouse. In certain situations, such as where a spouse voluntarily reduces his income, the Court will impute income to that spouse based on what he could have earned by use of his best efforts to gain employment suitable to his capabilities.
Faintich v. Faintich, 861 S.W.2d 217 (Mo. App. E.D. 1993).
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