Missouri Marital Settlement Agreement

Introduction

Key Things to Know

1. 1

   Missouri cannot enter a divorce decree until at least thirty days have passed since the petition was filed (Mo. Rev. Stat. 452.305), and a marital settlement agreement, often called a separation agreement, is the written contract divorcing spouses use to settle property and debt division, spousal maintenance, and by reference custody and child support, so those terms can be set forth in the decree that ends the marriage.

2. 2

   Missouri is an equitable-distribution state: the court sets apart each spouse's nonmarital property, then divides the marital property and marital debts in such proportions as the court deems just after considering the statutory factors (Mo. Rev. Stat. 452.330). Fair does not always mean an equal 50/50 split.

3. 3

   Missouri law expressly authorizes a written separation agreement covering maintenance, property, and the custody, support, and visitation of children. Its terms are binding on the court unless the court finds them unconscionable, except the child custody, support, and visitation terms, which the court always controls (Mo. Rev. Stat. 452.325).

4. 4

   Missouri has no statewide formula for spousal maintenance. A court may grant maintenance only if the spouse seeking it lacks sufficient property for reasonable needs and cannot support themselves through appropriate employment, and then sets the amount by weighing the factors in Mo. Rev. Stat. 452.335.

5. 5

   Child support follows Missouri's child support guidelines, with a rebuttable presumption that the guideline amount is correct (Mo. Rev. Stat. 452.340). Custody and child support stay subject to court approval and remain modifiable and cannot be bargained away.

6. 6

   If the court does not find the agreement unconscionable, its terms are set forth in the decree of dissolution and the parties are ordered to perform them, which turns the private agreement into enforceable court orders (Mo. Rev. Stat. 452.325).

7. 7

   A Missouri separation agreement must be in writing and signed by both spouses. No Missouri statute requires it to be notarized, but signing before a notary can help prove the signatures are genuine. A court cannot enter a decree until at least thirty days have passed since the petition was filed (Mo. Rev. Stat. 452.305).

Missouri Requirements for Marital Settlement Agreement

• Equitable Distribution of Marital Property

  Missouri is an equitable-distribution state. The court divides the marital property and marital debts in such proportions as the court deems just after considering the statutory factors (Mo. Rev. Stat. 452.330). Fair does not always mean an equal 50/50 split.

• Nonmarital Property Set Apart

  Before dividing the marital estate, the court sets apart to each spouse their nonmarital property, such as property owned before the marriage or received by gift, bequest, devise, or descent (Mo. Rev. Stat. 452.330). Only marital property is subject to division.

• Agreement Binding Unless Unconscionable

  Except for the child custody, support, and visitation terms, the terms of a written separation agreement are binding on the court unless the court finds them unconscionable (Mo. Rev. Stat. 452.325). This is the exception a Missouri marital settlement agreement relies on.

• No Statewide Maintenance Formula

  Missouri has no statewide formula for spousal maintenance. A court may grant maintenance only after a needs-and-ability threshold and then sets the amount by weighing the factors in Mo. Rev. Stat. 452.335, such as earning capacity and the standard of living during the marriage.

• Child Support Follows the Guidelines

  Child support follows Missouri child support guidelines, with a rebuttable presumption that the guideline amount is the correct amount (Mo. Rev. Stat. 452.340). Parents may propose an amount, but child support cannot be bargained away.

• Custody and Child Support Stay Modifiable

  The court controls the custody, support, and visitation of children and is not bound by those terms of the agreement (Mo. Rev. Stat. 452.325). These terms stay subject to court approval and can be modified later in the best interests of the children.

• In Writing and Signed

  A Missouri marital settlement agreement must be in writing and signed by both spouses (Mo. Rev. Stat. 452.325). No statute requires notarization, but signing before a notary can help prove the signatures are genuine.

• Thirty-Day Minimum Before Decree

  A Missouri court may not enter a decree of dissolution until at least thirty days have passed since the petition was filed (Mo. Rev. Stat. 452.305). If the court does not find the agreement unconscionable, its terms are set forth in the decree and the parties are ordered to perform them.