Divorce and inheritance are critical legal matters that can significantly impact a family’s financial stability. In the state of Missouri, specific laws and regulations govern these areas, affecting how property is divided during a divorce and how an estate is distributed after the death of an individual. This article aims to provide an in-depth understanding of these laws, emphasizing their implications on divorces and inheritances in Missouri.
Divorce in Missouri: Balancing Equitable Division
In Missouri, divorce follows the principle of equitable division. This means that marital property is divided in a manner that is fair and just. However, it’s important to note that equitable division does not necessarily entail an equal split of assets between spouses. Instead, courts consider several factors when determining how to divide property, including:
- The duration of the marriage
- The age and health of each spouse
- The income and earning potential of each spouse
- The contributions made by each spouse, both financially and non-financially, during the marriage
- Any pre-existing agreements between the spouses made before or during the marriage
It’s crucial to understand that only marital property is subject to division during a divorce. This refers to any property acquired by either spouse throughout the marriage, irrespective of who made the purchase. On the other hand, separate property, which is property owned before marriage or acquired through gift or inheritance during the marriage, is typically not subject to division.
Inheritance in Missouri: The Doctrine of Intestate Succession
When an individual passes away without leaving a will in Missouri, their estate becomes subject to intestate succession. In this situation, the state determines the distribution of the estate based on a predetermined set of laws that dictate who inherits the deceased person’s property. The order of inheritance is as follows:
Spouse and children – If the deceased person is survived by a spouse and/or children, they will inherit the entire estate. In the absence of a surviving spouse, the children will receive the entirety of the estate.
Parents – If neither a surviving spouse nor children exist, the deceased person’s parents will inherit the entire estate.
Siblings – In the absence of a surviving spouse, children, and parents, the deceased person’s siblings will inherit the entire estate.
If the deceased person left a valid will, their property will be distributed according to their wishes as outlined in the will.
Impact of Divorce on Inheritance
In Missouri, any property acquired during a marriage is classified as marital property and subject to division in the event of a divorce. However, property obtained through gift or inheritance is typically considered separate property and not subject to division.
If an individual inherits property during their marriage, it is generally considered separate property, even if the inheritance occurred while the marriage was ongoing. However, if the inherited property becomes mixed, or "commingled," with marital property, it can be classified as marital property and subject to division.
Couples who wish to divide property differently from what is prescribed by the state’s equitable division laws may do so through a prenuptial agreement or a postnuptial agreement.
Conclusion
Navigating divorce and inheritance laws in Missouri can be complex, but understanding how they operate is crucial for safeguarding your property and ensuring it is distributed according to your wishes. Whether you are going through a divorce or dealing with an inheritance situation, seeking the guidance of an experienced lawyer familiar with these areas of the law is highly recommended. They can provide valuable advice and help you navigate the legal complexities that may arise during these challenging times.