E. Arlene Kuchta v. Eustis Kuchta

On December 6, 1978, the trial court entered a decree of dissolution which terminated a marriage of some nineteen years between appellant and respondent. That portion of the decree pertaining to the division of marital property has been a subject of concern on appeal for much too long and particularly insofar as it relates to the "pension rights" of one spouse resulting from employment of the other. The record, however, reflects that the delay has not resulted from neglect but exhaustive efforts to resolve a very complex problem, i.e., the extent to which pension rights, and specifically those designated as "non-matured" and possibly subject to "forfeiture," shall be considered while dividing marital property as dictated in § 452.330, RSMo 1978 (as amended by Laws 1981); which, in part, provides that: "In a proceeding for dissolution of the marriage . . . the court shall set apart to each spouse his property and shall divide the marital property in such proportions as the court deems just after considering all relevant factors including: (1) The contribution of each spouse to the acquisition of the marital property including the contribution of a spouse as homemaker; (2) The value of the property set apart to each spouse; (3) The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the spouse having custody of any children; and (4) The conduct of the parties during the marriage."