Missouri Divorce Property Division

What the Law Says

Missouri courts divide marital property under an equitable distribution standard — the judge decides what's fair, which may or may not be 50/50.

Missouri is an equitable-distribution state with no presumption of equal division: after setting aside each spouse's nonmarital property, the court divides the marital property and debts “in such proportions as the court deems just” (Mo. Rev. Stat. §452.330.1) after weighing five statutory factors — the economic circumstances of each spouse, including the desirability of awarding the family home to the spouse with custody of children; each spouse's contribution to the acquisition of marital property, including homemaker contributions; the value of the nonmarital property set apart to each spouse; the conduct of the parties during the marriage; and custodial arrangements for minor children. Property acquired after the marriage is presumed marital regardless of title (§452.330.3), and commingling alone does not change its character (§452.330.4).

Division Factors (Mo. Rev. Stat. §452.330)

What Missouri courts weigh:

1. Economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live in it to the spouse with custody of any children (§452.330.1(1))
2. Contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker (§452.330.1(2))
3. Value of the nonmarital property set apart to each spouse (§452.330.1(3))
4. Conduct of the parties during the marriage (§452.330.1(4))
5. Custodial arrangements for minor children (§452.330.1(5))

Common Questions