Whether you’re concerned about protecting your retirement, dividing a business, or keeping the family home, we will fight for a fair and favorable outcome.
Dividing assets during a divorce can be one of the most stressful and emotionally charged parts of the process. At The Betz Law Firm, we often hear clients ask: “Who gets what?” or “Will everything be split 50/50?” In Missouri, the answer lies in a principle called equitable distribution — and it’s not always as simple as splitting things down the middle.
What Is Equitable Distribution?
Missouri is an equitable distribution state, which means that marital property is divided fairly — but not necessarily equally — during a divorce. This stands in contrast to community property states, where marital assets are typically split 50/50.
“Equitable” in this context means just and reasonable, based on the unique facts of your marriage, assets, and circumstances.
What Counts as Marital Property in Missouri?
Not everything you own will be divided. Missouri courts distinguish between marital and separate property:
- Marital Property: Anything acquired by either spouse during the marriage — including income, real estate, vehicles, retirement accounts, and even debts.
- Separate Property: Assets owned before marriage, inheritances, or gifts received individually — as long as they were not commingled with marital assets.
Note: If separate property was mixed with marital property — such as using inheritance funds to renovate a shared home — it may become subject to division.
How Do Missouri Courts Divide Property?
Missouri courts consider several factors when dividing marital property, including:
- The economic circumstances of each spouse
- Each spouse’s contribution to acquiring and maintaining marital property
- The value of each spouse’s separate property
- Misconduct that impacted the couple’s finances (e.g., hidden spending, gambling, or affairs)
- Custody arrangements (e.g., who will remain in the family home with the children)
Judges aim for a fair outcome, not necessarily a 50/50 split.
Common Examples of Equitable Distribution
Here are a few examples of how Missouri courts might apply equitable distribution:
- One spouse may receive the family home, while the other spouse receives a greater share of the retirement assets.
- If one spouse supported the other through law school or medical school, the supporting spouse may receive a larger share of marital property to reflect that investment.
- Debt, such as credit card balances or mortgages, may also be divided fairly — even if only one name is on the account.
Why Choose The Betz Law Firm?
When it comes to asset division, experience matters. Our firm has helped hundreds of St. Louis clients navigate the complexities of equitable distribution. We understand the nuances of Missouri divorce law and take a strategic approach to ensure our clients receive what they deserve.
Whether you’re concerned about protecting your retirement, dividing a business, or keeping the family home, our legal team will fight for a fair and favorable outcome.
Speak With an Experienced Attorney
Our firm uses experience, good communication, and availability to help families navigate life-changing events.