Shaw v. Shaw
2013 Mo. App. LEXIS 1317
| Mo. Ct. App. | 2013Background
- Gabbert (Judge) reviews dissolution of marriage between Tara Shaw and Christopher Shaw.
- Wife appeals two points: (1) denial of rehabilitative maintenance; (2) equal division of ESOP retirement account, arguing part is non-marital.
- Marital assets include ESOP and Roth IRA; ESOP vests after three years and was rolled into Roth IRA.
- Trial court found no maintenance due to threshold findings; classified ESOP as marital property and divided accordingly.
- On appeal, court affirms, holding maintenance not warranted and the overall division fair even if ESOP classification were incorrect.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Maintenance threshold error | Shaw contends she lacks property and income to support herself | Court correctly found Shaw had sufficient property and could work | No error; maintenance denied |
| ESOP classification/division | All ESOP funds should be non-marital to exclude from division | Even if misclassified, division was fair; Wife received ESOP via Roth IRA | Decree affirmed; classification error did not affect fairness |
Key Cases Cited
- Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976) (standard for reviewing dissolution decrees; abuse of discretion standard)
- In re Marriage of Taylor, 244 S.W.3d 804 (Mo.App.2008) (two-threshold test for maintenance: lack of property and inability to support self)
- Isakson v. Isakson, 277 S.W.3d 784 (Mo.App.2009) (courts may award rehabilitative maintenance for further training)
- Laffey v. Laffey, 4 S.W.3d 655 (Mo.App.1999) (broad discretion in identifying marital property and equitable division)
- Dowell v. Dowell, 203 S.W.3d 271 (Mo.App.2006) (presumption of correctness; burden on challenger to overcome)
- Burk v. Burk, 936 S.W.2d 144 (Mo.App.1996) (mere error in classification does not mandate reversal if decree is fair)
- Poole v. Poole, 977 S.W.2d 940 (Mo.App.1998) (division need not be equal but must be fair and equitable)
- Absher v. Absher, 841 S.W.2d 293 (Mo.App.1992) (broad discretion in identifying marital property)
- Kelly v. Kelly, 340 S.W.3d 673 (Mo.App.2011) (burden on claimant to show property exception under §452.330.2)
- Taylor v. Taylor, 12 S.W.3d 340 (Mo.App.2000) (trial court credibility and employment considerations on maintenance)