USA – MISSOURI Law and Practice Contributed by: Aaron Bundy and Hannah Lange, Bundy Law
duty to seek employment, but this requirement may be negated if the spouse seeking mainte - nance is the custodian of a child whose condi - tion or circumstances make it appropriate for the custodian not to be required to seek employ - ment outside the home. Once the spouse seek - ing maintenance meets the threshold showing of need, the court must consider a number of factors to determine the amount and duration for support (Section 452.335 of the Revised Stat - utes of Missouri). 2.3 Division of Assets In a proceeding for dissolution of marriage or legal separation, the court is required to set aside to each spouse that spouse’s non-marital (separate) property and divide marital property and debts in a manner that the court deems just after considering all relevant factors (Section 452.330 of the Revised Statutes of Missouri). The statute provides a list of factors for the court to consider: • 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 with custody of any children; • the contribution of each spouse to the acqui - sition of the marital property, including the contribution of a spouse as homemaker; • the value of the non-marital property set apart to each spouse; • the conduct of the parties during the mar - riage; and • custodial arrangements for minor children. Spouses are entitled to perform liberal discov - ery in divorce and legal separation proceed - ings to ascertain the nature and value of assets and debts. Discovery may include enforceable
requests to third parties for the production of information. Missouri courts are vested with broad discretion in administering the rules of discovery. Missouri family courts recognise trusts. The name on the trust does not necessarily impact the classification of the property in the trust. Property in a trust in one spouse’s name can be marital property subject to division in divorce. 2.4 Spousal Maintenance Trial courts have broad discretion when dealing with maintenance requests. Owing to this dis - cretion, there may be variations and differences between courts based on the individual world - view and philosophy of each individual judge. During a divorce proceeding, before the case is finalised, either party may request temporary maintenance pending the final outcome. Main - tenance requests are gender-neutral and courts receive guidance for assessing maintenance claims from a number of statutory factors. 2.5 Prenuptial and Postnuptial Agreements Missouri recognises both prenuptial agreements and postnuptial agreements. The state’s public policy does not oppose enforcing agreements regarding the division of property made in con - templation of marriage and in contemplation of the possible dissolution of the marriage. Both prenuptial and postnuptial agreements share the same standard, as they will not be enforced unless they are entered into “freely, fairly, know - ingly, understandingly, and in good faith and with full disclosure” (Ferry v Ferry, 586 SW 2d 782, 787 (Mo App 1979); Miles v Werle, 977 SW 2d 297, 301 (Mo App 1998)). Valid prenuptial agreements are enforceable and routinely upheld by Missouri courts.
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