Questions to Ask About Dividing Complex Assets During Divorce

1️⃣ What counts as marital vs. separate property in Missouri?

Missouri is an equitable distribution state, meaning the court divides marital property in a way it deems fair — which does not always mean equal.

• Ask your attorney how your assets will be classified.
• If you owned property before marriage, received an inheritance, or a gift, it may be separate — but if it was commingled, it could be treated as marital.

2️⃣ How will my business or professional practice be valued?

If you own a business, expect it to be carefully evaluated.

• Does your lawyer have experience working with forensic accountants or business valuation experts?
• How will goodwill, income streams, and liabilities be factored in?
  Understanding these details early helps avoid unpleasant surprises.

3️⃣ What about investment properties and vacation homes?

Multiple properties complicate division.

• Ask about factors like mortgage debt, appreciation, rental income, and tax consequences.
• Will selling and splitting proceeds make sense, or could a buyout be better?

4️⃣ How are retirement accounts and pensions divided?

Retirement assets are often the most significant part of a marital estate.

• Will you need a Qualified Domestic Relations Order (QDRO) to divide a pension or 401(k)?
• How are taxes and penalties minimized in these transfers?

5️⃣ What should I know about dividing stock options or RSUs?

Executives and professionals often receive compensation in the form of stock options or restricted stock.

• Are these considered marital property in Missouri?
• How will vested vs. unvested interests be handled?

6️⃣ How will debts be handled along with assets?

High-asset divorces often come with significant debts, including mortgages, lines of credit, and business loans.

• Ask how debts are split, especially if they’re tied to jointly owned assets.

7️⃣ Can we use mediation or collaborative divorce for complex assets?

Many clients wish to keep financial details private.

• Discuss whether mediation or a collaborative approach could work for dividing complex assets.
• This may help maintain confidentiality and reduce costs.

8️⃣ What steps can I take now to protect myself?

Finally, ask your attorney how to prepare:

• Should you gather certain documents?
• Stop commingling accounts?
• Consult a financial planner or tax advisor?