Gray Divorce Attorney in Jefferson City

Ending a marriage is one of life’s most challenging events. When you’ve spent decades building a life with someone, the decision to separate can feel overwhelming. The future you planned is suddenly uncertain, and you’re faced with complex questions about your finances, home and retirement. I, Scott A. Hamblin, understand the anxiety and stress that come with this moment. As a divorce attorney with over two decades of experience, I’ve guided many clients through this difficult transition. My commitment is to listen to your concerns, offer a candid assessment of your case, and develop a strategy focused on protecting your future.

Dividing Property in a Missouri Gray Divorce

After a long-term marriage, untangling your financial lives can be complicated. Missouri is an “equitable distribution” state, which means property isn’t automatically split 50-50. Instead, the court aims for a fair division based on numerous factors.

The first step is to distinguish between marital and separate assets.

• Marital assets are those acquired during the marriage and are subject to division. This includes things like the family home, shared bank accounts and retirement funds earned while married.
• Separate assets are things you owned before the marriage, or gifts and inheritances received by you alone during the marriage. These are generally not divided.

However, assets can become “commingled.” For example, if you used inheritance money (separate property) to renovate the marital home, it may now be considered marital property. A significant part of my job is to carefully trace these assets to ensure your separate property is protected and that the final division is truly fair.

Maintenance in a Long-Term Marriage

Maintenance is often a central issue in a gray divorce. Its purpose is to help a lower-earning spouse maintain a standard of living similar to what they had during the marriage. This is particularly relevant when one spouse paused their career to raise a family or manage the household, leaving them at a financial disadvantage.

When deciding on maintenance, Missouri courts consider several factors, including:

• The length of the marriage
• The age and health of each spouse
• Each spouse’s earning capacity
• The standard of living established during the marriage

For long-term marriages, judges are more likely to award long-term or even permanent maintenance, recognizing that it may be unrealistic for an older, dependent spouse to re-enter the workforce and become self-sufficient.

Protecting Your Retirement and Health Insurance

Your retirement accounts, like a 401(k) or pension, are often one of your most significant marital assets. The portion earned during your marriage will be divided. To do this without incurring tax penalties, we use a Qualified Domestic Relations Order (QDRO). This court order directs the plan administrator on how to properly divide the account, ensuring your ex-spouse receives their share while protecting the remainder for your future.

Health insurance is another critical concern. Once your divorce is final, you can no longer stay on your ex-spouse’s health plan. We will factor future health insurance into our overall financial strategy for your divorce.

Let Me Fight for Your Future

Gray divorce presents unique emotional and financial challenges. You need an attorney who not only understands the law but also has the trial experience to advocate for you when needed. My approach is tailored to your specific goals. If you want to resolve your case amicably, I will help you pursue that path. But if a trial becomes necessary, I have built my reputation on my willingness to fight for my clients in the courtroom.

You don’t have to navigate this journey alone. Don’t risk your future. Contact my office for a consultation, and let’s develop a legal strategy to protect what you’ve worked a lifetime to build.