169.572. Dissolution of marriage, court not to divide retirement benefits or Social Security benefits. - Missouri Statutes

Dissolution of marriage, court not to divide retirement benefitsor Social Security benefits.

169.572. 1. No court shall divide or set aside any federalold-age, survivors or disability insurance benefit provided toany party pursuant to the federal Social Security Act, 42 U.S.C.Section 200 et seq., in any proceeding for dissolution ofmarriage.

2. Subsequent to August 28, 1991, a court of competentjurisdiction may divide the pension, annuity, benefits, rights,and retirement allowance provided pursuant to this chapterbetween the parties to any action for dissolution of marriage, tothe same extent and in the same manner the court may divide anyfederal old-age, survivors or disability insurance benefit of theparties provided pursuant to the federal Social Security Act.

(L. 1989 H.B. 610 § 2, A.L. 1991 S.B. 242, et al. § 169.142)

*Transferred 1991; formerly 169.142

(1993) Where statute provides that public school teacher's pension benefits may be divided in action for dissolution of marriage to same extent as Social Security benefits, public school teacher's pension benefits are not marital property. Kieninger v. Catlett, 854 S.W.2d 59 (Mo.App.W.D.)

(2003) Provision that public school retirement system benefits are non-divisible, nonmarital property does not violate substantive due process or equal protection rights. In re Marriage of Woodson, 92 S.W.3d 780 (Mo.banc).