Is Missouri a 50/50 State for Divorce?

One of the biggest challenges and concerns you’ll have to deal with when getting divorced is figuring out who gets which assets. If you and your spouse are in full agreement on the terms of your divorce, you’re able to have complete control over that distribution. Your Missouri divorce attorney will help you create a binding agreement that outlines the terms. But if you and your spouse aren’t in agreement, the court will determine who receives which assets. 

Unlike some states, Missouri follows an equitable distribution rule rather than a 50/50 rule. Let’s take a look at how this works.

How Assets Are Divided in Missouri

Missouri is not a 50/50 state. Instead, the courts try to distribute assets in a way that’s fair and equitable. This means your assets aren’t divided down the middle. Instead, they’re divided up based on what the courts determine is appropriate for each spouse. They’ll consider each spouse’s individual assets and liabilities (like debts you’ve taken on), your current salary or earning potential, the lifestyle you’ve grown accustomed to, your spending habits, and your age when figuring out who gets what.

Before the court can divide your assets in Missouri, you and your spouse will need to provide detailed information about your financial situation. This includes any debts you might have, including joint and individual debts. The court will then review that information to determine which assets should go to each spouse.

You’re Free to Come up With Your Own Settlement Terms

If you and your spouse are divorcing on relatively good terms and you feel comfortable discussing the division of assets with them, you’re free to come up with your own terms for distribution. 

During your conversations, try to be open and honest about the assets you want to keep and which ones you’re willing to give to your spouse. Encourage them to do the same. Once you have an idea of who wants which assets, you’re better able to negotiate and come to your own agreement. 

If you’re not comfortable having this conversation on your own, your Missouri divorce attorney may be able to help. They can work with your spouse’s attorney to represent your interests and find a way to reach a compromise before you go to court. 

Tips to Help You and Your Spouse Reach an Agreement

As you and your spouse start having conversations about asset distribution, you’ll want to try to be as patient and understanding of each other as you can. Here are a few tips to keep in mind as you start discussing terms:

• Clearly state your wants: By being clear about what you want out of the settlement, you’ll help your spouse understand what you’re looking for and identify areas where you can make compromises.
• Be clear about your needs and why you need them: There are going to be assets that you feel are necessary to your well-being and happiness. In a kind way, be sure to express those needs to your spouse so they can understand where you’re coming from.
• Be willing to compromise: It’s rare that you and your spouse will agree on everything. If you’re disagreeing, try to be open to negotiations and compromises. Remember, you’re working together to come up with a settlement, so the distribution of assets isn’t left in the hands of a judge who doesn’t know you.

These are just a few tips to help you have a successful discussion. If you need further guidance, consult with your Missouri divorce attorney.

Columbia Family Law Is Here to Help

If you’re considering a divorce, don’t try to navigate the process on your own. Work with an experienced Missouri divorce attorney as soon as you’re ready to file. Contact us today to schedule a free consultation.