Missouri follows the principle of equitable distribution. This means that in a divorce, marital property is divided fairly, not necessarily equally. Marital property typically includes assets and debts acquired during the marriage, while separate property generally refers to assets owned before the marriage, or received during the marriage as a gift or inheritance. Determining what constitutes marital versus separate property can be complex, often requiring careful consideration of the circumstances surrounding acquisition and any commingling of assets.
The equitable distribution principle aims for a just and fair outcome based on the contributions of each spouse to the marriage, both financial and non-financial. Factors considered might include the length of the marriage, each spouse’s economic circumstances, and the contributions each made to the acquisition of marital property. Understanding this legal framework is crucial for individuals entering or dissolving a marriage in Missouri, as it significantly impacts the division of assets and debts. Historically, many states operated under common-law property rules, which often favored men. The shift towards equitable distribution aims to provide a more balanced and fair approach to property division upon divorce.