Separating Debts & Assets In A Divorce

Dividing assets and debts in a divorce can be one of the most complex and emotional parts of the process. In Missouri, like in many other states, the distribution of marital property is governed by the principles of equitable distribution. This means that the goal is to divide property in a fair and just manner, though it may not always be equal. The division depends on various factors such as each spouse's contribution to the marriage, the length of the marriage, and the financial needs of each party.

If you’re going through a divorce in Missouri, here’s a closer look at how debts and assets are typically divided.

Understanding Marital vs. Non-Marital Property

Before diving into the division process, it’s important to understand the distinction between marital and non-marital property.

• Marital Property: This includes assets and debts acquired during the marriage. Generally, anything you or your spouse obtained after your wedding date—whether it’s real estate, bank accounts, vehicles, retirement funds, or even debt—will be considered marital property.
  
  
• Non-Marital Property: This refers to property that was acquired before the marriage or after separation. Non-marital property also includes gifts or inheritances received by one spouse, even if received during the marriage, as long as it wasn’t commingled with marital assets.
  

How Assets Are Divided in Missouri

Missouri follows the principle of equitable distribution, meaning that property isn’t necessarily split 50/50. Instead, it’s divided based on what the court considers fair, taking into account various factors:

1. Contribution to the Marriage: The court looks at both financial and non-financial contributions. For example, if one spouse stayed home to care for children while the other worked, the court may recognize the value of the homemaker’s role.
2. Economic Circumstances: The court considers the financial situation of both spouses. If one spouse has significantly more assets or income, the court may award a larger portion of the property to the other spouse to balance the disparity.
3. Length of the Marriage: A long marriage often results in a more equal distribution of assets. In contrast, in shorter marriages, the court may lean towards giving each spouse only what they brought into the marriage or what they contributed during the marriage.
4. Custodial Arrangements for Children: If one spouse will have primary custody of children, they may receive a larger share of the property to ensure the financial well-being of the children.
5. Debt Responsibility: The division of debts is closely related to the division of assets. The court aims to assign responsibility for marital debts in a way that aligns with the division of assets and considers the ability of each spouse to pay.
   

How Debts Are Divided

In a Missouri divorce, marital debts are divided just like assets. This includes debts incurred during the marriage, such as:

• Mortgages
• Car loans
• Credit card debt
• Student loans (in some cases)
• Medical bills

Missouri courts typically divide marital debts based on each spouse's ability to pay, as well as their financial situation and contributions to the debt. Just like with assets, the court uses equitable distribution to determine how debts should be shared. Here are a few key points to keep in mind:

• Joint Debts: Any debt that is in both spouses’ names will generally be divided equally, though this can vary depending on the circumstances.
  
• Individual Debts: If one spouse took on a debt individually, the court may consider who benefited from that debt. For example, if one spouse took out a loan to buy a vehicle for their personal use, that spouse may be responsible for the debt.
  

Special Considerations in Dividing Assets and Debts

Retirement Accounts: Pension plans and retirement accounts such as 401(k)s, IRAs, and pensions can be tricky to divide. A Qualified Domestic Relations Order (QDRO) may be required to divide retirement benefits without incurring tax penalties.

Business Ownership: If one spouse owns a business, the value of that business will likely be considered a marital asset. In this case, the court may order that the business be sold, or the other spouse may receive other assets of equivalent value.

Debt Allocation: Even if one spouse is assigned a certain debt, if they fail to pay it, creditors can still pursue the other spouse. Missouri courts do not have the authority to change the terms of contracts or debt obligations, so it's important to negotiate fair debt allocation or seek legal advice.

Final Thoughts

Dividing debts and assets in a Missouri divorce can be complicated, and every case is unique. While Missouri’s equitable distribution law aims for fairness, it’s crucial to understand that “fair” doesn’t always mean equal. It’s essential to consider all relevant factors, such as the length of the marriage, each spouse’s financial situation, and contributions to the marriage.

If you're navigating a divorce, seeking legal counsel from an experienced attorney can help ensure your rights are protected and that the division of assets and debts is handled appropriately for your unique situation. Daniel Finder at Finder Law, LLC has over 10 years navigating complex and contentious family law matters.

Call our office today to schedule a time to meet with our attorney and discuss your individuals needs and goals.