The Law Office of Kurt H King

December 19, 2011

Public School Teacher’s Retirement in Missouri Divorce Cases

Filed under: Divorce,Family Law — kurthking @ 9:56 pm
Tags: , , ,

Many Missouri divorce cases rule that the retirement of public school teachers in this state is not marital property to be divided in a divorce case.   Rather, such retirement constitutes non-marital property of the teaching spouse and can only be set aside in full to that spouse.

The Missouri law which supports these court rulings is section 169.572, the second subsection of which provides–“a court of competent jurisdiction may divide the [retirement]  . . . between the parties to any action for dissolution of marriage, to the same extent and in the same manner the court may divide any federal old-age, survivors or disability insurance benefit of the parties pursuant to the federal Social Security Act.”   Here you need to know that subsection 1 of section 169.572 bars all Missouri courts from dividing any such Social Security benefits.   Bottomline:  Missouri public teacher retirement is not to be divided by any divorce court.

There is one small caveat:  A Missouri divorce court is supposed to consider the amount of non-marital property [including public teacher retirement] in deciding how to divide the marital property.  For example,  if one spouse was rich before the marriage,  the court may consider that non-marital property and maybe give the “poorer” spouse more of the marital proeprty.

Kurt H. King

Law Office of Kurt H. King, 20 E. Franklin, Liberty, Clay County, Missouri 64068

www.kurthking.com

Bankruptcy, Child Custody & Support, Divorce & Modification, Family Law, Personal Injury, Missouri Workers’ Compensation

Leave a Comment »

No comments yet.

RSS feed for comments on this post. TrackBack URI

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

The Rubric Theme. Blog at WordPress.com.

Follow

Get every new post delivered to your Inbox.

%d bloggers like this: