When discussing division of property, we first need to assess what is marital property and subject to division by the court, and what is separate, or non-marital property, which is not subject to division by the court. Separate property can include pre-marital property, gifted property, and inherited property; however the treatment of that property during the divorce can also have an impact on whether the court can divide all, or part, of that separate property.
We also need to discuss whether there is a pre or post-nuptial agreement, and the circumstances surrounding the drafting and signing of that document, to determine whether a court may uphold that agreement.
Missouri is generally an equal division of property, modified, state, which means that a court can take into account whether there was a dissipation of marital assets, such as on gambling or addiction issues, and therfore divide proeprty taking that bhavior into account.
These are just a few issues that relate to the division of property in a divorce. For questions on division of property, or any other family law question, please reach out to one of the attorneys at Lee & Decker Family Law, LLC.