Section 16.35 Disability Benefits

• Library: Family Law Deskbook and 2014 Supp

4. (§16.35) Disability Benefits

Many qualified plans provide for alternative disability benefits to its participants. Missouri courts have long adhered to the use of a “replacement analysis” to determine whether disability benefits, whether through an employer or through Social Security, are marital or nonmarital property. Mistler v. Mistler, 816 S.W.2d 241 (Mo. App. S.D. 1991). If disability payments are meant as a mere substitute for earnings lost because of the recipient’s inability to work, they are the same as...