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

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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: 22 days ago.Category: Family Law
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Customer reply replied 22 days ago
What about inheritance received during marriage?
Answered in 5 hours by:
5/30/2018
Family Lawyer: RobertJDFL, Lawyer replied 22 days ago
RobertJDFL
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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.

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Family Lawyer: RobertJDFL, Lawyer replied 22 days 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.

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