Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

After a 9 year marriage that is in the process of Divorce in…

Customer Question
After a 9 year marriage...
After a 9 year marriage that is in the process of Divorce in the state of Missouri, I have a few questions. There is no pre-nup and no dependents.
1. Are assets accumulated personally prior to marriage subject to 50-50 split? The growth on those assets?2. Same question as above for gov't pension income?Many thanks
Submitted: 2 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Customer reply replied 2 months ago
What about inheritance received during marriage?
Answered in 5 hours by:
5/30/2018
Family Lawyer: RobertJDFL, Lawyer replied 2 months ago
RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 15,318
Experience: Experienced in multiple areas of the law.
Verified

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Ask Your Own Family Law Question
Family Lawyer: RobertJDFL, Lawyer replied 2 months ago

Hello,

Personal assets acquired during the marriage are not subject to division, but growth on those assets may be. For example, if the husband had a 401K at the time of the marriage that had $20,000, and contributed $30,000 during the marriage, only the $30,000 would be subject to division. Missouri is an "equitable distribution" state, meaning in the absence of agreement, the court will divide marital assets in a fair (equitable) manner, and while that often means 50/50, especially in longer term marriages, it does not have to.

2) Government pensions are subject to division. There is a complex "marital fraction" formula that is commonly used that would allow a former spouse to receive a share of the employee's pension equal to 50 percent times the fraction created by the number of months of civilian and military service performed by the employee during marriage (from date of marriage through date of separation) divided by the total number of months of civilian and military service performed by the employee. This would be described as the former spouse’s “pro rata share.”

3) Unless co-mingled, an inheritance remains the property of the receiving spouse.

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask RobertJDFL Your Own Question
RobertJDFL
RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 15,318
15,318 Satisfied Customers
Experience: Experienced in multiple areas of the law.

RobertJDFL is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

15,318 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
I want to sign a prenup with my fiance, he is out of state
I want to sign a prenup with my fiance, he is out of state and he will come 2 days before our wedding. Can my prenup be legal and it will not be thrown away at the court if something happens? … read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,458 satisfied customers
Need to settle this matter: question about (hypothetical) a
Need to settle this matter: question about (hypothetical) a pre-nup agreement in a community property state, when you are a mature adult and have divorced then remarry, are your assets which you bring… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
4,028 satisfied customers
In State, how are these kind of assets handled for a
In Washington State, how are these kind of assets handled for a divorced person who starts a business after divorced. They marry someone else, after forming the business. Can they get a pre - nup agre… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,607 satisfied customers
$100k Pre-marital 401k balance, then continued making
$100k Pre-marital 401k balance, then continued making contributions during marriage until the combined total reached $200k. Then no contributions until divorce and combined growth turned it into $400k… read more
socrateaser
socrateaser
1,031 satisfied customers
My wife is threatening me with divorce. She say she will get
My wife is threatening me with divorce. She say she will get half my pension, 401(K) and 1/2 my house. However we were only married for 12 of the 39 years I worked... so do she get half of my pension … read more
ScottyMacEsq
ScottyMacEsq
Lawyer
Doctoral Degree
2,828 satisfied customers
Ely, I am thinking about getting a pre-nup. Could you
Hi Ely, I am thinking about getting a pre-nup. Could you talk a little about the process and what can be included (I am thinking about some of the property under my name, cash in the bank account and … read more
Ely
Ely
Counselor at Law
Juris Doctor
11,971 satisfied customers
In a marriage, for a hypothetical type of situation for this
In a marriage, for a hypothetical type of situation for this question, it is in Washington State, one spouse brought $300,000 worth of stock to the marriage (from their family); it was given to them b… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
I have been married for 7 years. If I was to divorce now,
I have been married for 7 years. If I was to divorce now, would I have to split myu 401k and pension with my spouse?… read more
Erin M. JD
Erin M. JD
Attorney
Juris Doctor
137 satisfied customers
What can you tell me about asset division in a Texas divorce
What can you tell me about asset division in a Texas divorce proceeding cohabitation/marriage total 11 years 3 children under 8. Husband will not produce income verification voluntarily, working on in… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,462 satisfied customers
Are pension payments from pension rights acquired by work before
Are pension payments from pension rights acquired by work before marriage but paid after marriage considered separate income or community income under Texas Community Property Laws?… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
Divorce- Colorado residents- after 10 years of marriage and
Divorce- Colorado residents- after 10 years of marriage and 2 children age 6 and 8. Husband works for County (7 years) , wife works for Federal Gov't (5.5 years). issues concerning: Compensatory Time:… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If elderly people get married, sign a prenuptial agreement,
If elderly people get married, sign a prenuptial agreement, put their respective assets into this agreement and leave support up to the legal and competent jusidiction should it be necessary, the ques… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If a man with $1M marries a women with zero assets and they
If a man with $1M marries a women with zero assets and they get divorced 4 years later. How would the assets be divided. Especially if due to the economy the $1M is now $500K? No children and both ear… read more
AttorneyTom
AttorneyTom
Attorney at Law
Juris Doctor, BSBA
1 satisfied customers
Hello, I live in connecticut, and I am considering divorce
Hello, I live in connecticut, and I am considering divorce. essentials here: married 16 years, own home together (over %80 equity in the home), have separate and joint bank and investment accounts, no… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
I live in California and was wondering if a fidelity ...
I live in California and was wondering if a fidelity clause in a prenup or cohabitation agreement applies here? In the case of a cohabitation agreement, do I need a lawyer to put it together, or is th… read more
Mike
Mike
Juris Doctor
262 satisfied customers
if one spouse owns a home prior to the marriage and
if one spouse owns a home prior to the marriage and does not put the other spouse on the title to the house, in the event of a divorce does the spouse who owned the home prior to marriage have full ow… read more
Walter
Walter
Just Answer Consultant
6,024 satisfied customers
I am in a divorce in Kentucky and have a 401K and pension ...
I am in a divorce in Kentucky and have a 401K and pension from a company where I worked 5 years prior to my marriage and 10 years after my marriage. The account was worth $10,000 when we married but t… read more
dkennedy
dkennedy
Attorney
Juris Doctorate
27 satisfied customers
We live in NJ, but got married in NY. What state laws should
We live in NJ, but got married in NY. What state laws should be followed.If i bought a condo 1 yr before marriage, would the spouse be entiteled to it in case of divorce since the bills are paid toget… read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,902 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x