Missouri Revised Statutes













Chapter 452

Dissolution of Marriage, Divorce, Alimony and Separate Maintenance

←452.325

Section 452.330.1

452.335→

August 28, 2015

Disposition of property and debts, factors to be considered.

452.330. 1. In a proceeding for dissolution of the marriage or legal

separation, or in a proceeding for disposition of property following

dissolution of the marriage by a court which lacked personal jurisdiction

over the absent spouse or lacked jurisdiction to dispose of the property, the

court shall set apart to each spouse such spouse's nonmarital property and

shall divide the marital property and marital debts in such proportions as the

court deems just after considering all relevant factors including:



(1) The economic circumstances of each spouse at the time the division of

property is to become effective, including the desirability of awarding the

family home or the right to live therein for reasonable periods to the spouse

having custody of any children;



(2) The contribution of each spouse to the acquisition of the marital

property, including the contribution of a spouse as homemaker;



(3) The value of the nonmarital property set apart to each spouse;



(4) The conduct of the parties during the marriage; and



(5) Custodial arrangements for minor children.



2. For purposes of sections 452.300 to 452.415 only, "marital property"

means all property acquired by either spouse subsequent to the marriage

except:



(1) Property acquired by gift, bequest, devise, or descent;



(2) Property acquired in exchange for property acquired prior to the

marriage or in exchange for property acquired by gift, bequest, devise, or

descent;



(3) Property acquired by a spouse after a decree of legal separation;



(4) Property excluded by valid written agreement of the parties; and



(5) The increase in value of property acquired prior to the marriage or

pursuant to subdivisions (1) to (4) of this subsection, unless marital assets

including labor, have contributed to such increases and then only to the

extent of such contributions.



3. All property acquired by either spouse subsequent to the marriage and

prior to a decree of legal separation or dissolution of marriage is presumed

to be marital property regardless of whether title is held individually or by

the spouses in some form of co-ownership such as joint tenancy, tenancy in

common, tenancy by the entirety, and community property. The presumption of

marital property is overcome by a showing that the property was acquired by a

method listed in subsection 2 of this section.



4. Property which would otherwise be nonmarital property shall not

become marital property solely because it may have become commingled with

marital property.



5. The court's order as it affects distribution of marital property

shall be a final order not subject to modification; provided, however, that

orders intended to be qualified domestic relations orders affecting pension,

profit sharing and stock bonus plans pursuant to the U.S. Internal Revenue

Code shall be modifiable only for the purpose of establishing or maintaining

the order as a qualified domestic relations order or to revise or conform its

terms so as to effectuate the expressed intent of the* order.



6. A certified copy of any decree of court affecting title to real

estate may be filed for record in the office of the recorder of deeds of the

county and state in which the real estate is situated by the clerk of the

court in which the decree was made.



(L. 1973 H.B. 315 § 7, A.L. 1981 H.B. 96, A.L. 1988 H.B. 1272, et al.,

A.L. 1996 S.B. 869, A.L. 1998 S.B. 910)



*Word "the" omitted from original rolls.



(2003) Section is more specific concerning authorization for modifying

qualified domestic relations order and thus prevails over more

general statute precluding modification of marital property

division. Ricketts v. Ricketts, 113 S.W.3d 255 (Mo.App.W.D.).







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