Dains v. Dains
Dains v. Dains
Opinion of the Court
Wife appeals from a dissolution of marriage decree entered in the Circuit Court of St. Louis County. The trial court dissolved the marriage, divided the property, including husband’s pension plan, denied wife maintenance and awarded custody of the parties’ child to husband.
On appeal, wife contends the trial court erred in: (1) failing to consider the misconduct of husband during the marriage as required by § 452.330.1(4); (2) dividing husband’s pension plan in that the evidence as to the pension plan is insufficient to support the division; (3) dividing the property in that the record fails to distinguish between marital and separate property and the court’s order is silent as to which items distributed are marital; and (4) failing to award maintenance to wife. We affirm.
Property acquired during a marriage and prior to a decree of dissolution is presumed to bé marital property. In re Marriage of Schulz, 583 S.W.2d 735, 742[8-ll] (Mo.App. 1979). With this princi-
The remaining points are likewise without merit. The judgment of the trial court is supported by substantial evidence and is not against the weight of the evidence. No error of law appears. An extended opinion would have no precedential value.
Judgment affirmed in accord with Rule 84.16(b).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.