St. Louis Family Law Blog

When you are getting a divorce or legal separation, one thing that can get overlooked is any term life insurance policies. While it has no cash value, a term policy can provide needed support should one of the individuals die. As long as the premiums are up to date, a term policy can provide money for children's education, bills and other matters. It can work as the spousal support it was intended to be when it was purchased.

If the term life insurance was intended as spousal support when purchased, then it would make sense to keep the ex-spouse as the beneficiary despite "ex" now being added to his or her title. If it was intended as a financing tool to pay off the mortgage on the home you were in together, it may no longer have a purpose and your ex-spouse would have every right to change the beneficiary in that case.

Many parents in Missouri want their children to be able to go to college, but when a couple divorces, it can create issues regarding how a college fund will be managed. Like most things during a divorce, it is better to establish how college funding will be handled during the proceedings. This will ensure that there are no misunderstandings and the agreements can be put into writing.

One of the most common and tax effective ways to handle college funds is to use 529 plan accounts. Divorcing couples can either use one joint account that will be invested according to an agreement made beforehand or two accounts can be created that both parents have individual control over. In some cases, individuals may want to freeze a 529 plan account to ensure that their ex does not remove money from the account. Unless it is frozen, money can be taken out for any purpose as long as someone covers the associated tax penalties.

Some St. Louis residents who are preparing to marry may wonder whether they would benefit from entering into a prenuptial agreement. It is a common misconception that only the very wealthy need prenuptial agreements. However, more couples are seeing the benefits. Once thought to be unromantic, more couples are seeing a prenuptial agreement as a practical insurance policy to help them avoid a long and costly court battle if they should later divorce.

One benefit of a prenuptial agreement is that couples can agree who should be entitled to funds and assets acquired during the marriage. This can benefit a partner who starts a website shortly before the marriage, or immediately after the marriage, without the spouse's assistance. Similarly, a spouse who anticipates a large raise, a substantial increase in business income or taking over a family business after the marriage can ensure that these assets remain protected if the marriage is later dissolved.

A panel of three judges has upheld a ruling giving primary custody to a mother but expressed concern that personal opinion was interjected in a court case. The case was under appeal because the ruling judge allegedly referred to her own beliefs during the divorce case.

The specifics of a child custody case anywhere in the Midwest, including the St. Louis area, should be decided in an un-biased way, according to experts. The appeal filed by the husband stated that, because of the judge's reference to a Bible doctrine that says that wives should obey their husbands, the ruling was not objective. The husband's attorney, however, did not object to the Biblical reference during the trail, and experts say that the lack of objection may have been a factor in the ruling.