How to Protect Your Finances During Divorce: Prenuptial Agreements, Asset Division and Hidden Assets

Divorce can be emotionally challenging, but it also has serious financial consequences. From dividing property to uncovering hidden assets, protecting your financial future requires careful planning and a clear understanding of Missouri’s divorce laws. Whether you’re preparing for divorce or already in the process, knowing how to safeguard your finances is essential.
Understanding Prenuptial and Postnuptial Agreements
A prenuptial agreement (often called a “prenup”) is a written contract signed before marriage that defines how assets and debts will be handled if the marriage ends. Missouri courts will generally uphold a prenuptial agreement as long as it was entered into voluntarily, is fair, and both parties fully disclosed their finances at the time it was signed.
Even if you didn’t sign a prenup, it’s possible to create a postnuptial agreement after marriage. This type of agreement works similarly, outlining how property should be divided and what financial obligations exist if the marriage dissolves. Having a valid agreement in place can simplify the divorce process and protect both parties from future disputes.
How Missouri Handles Property Division
Missouri is an equitable distribution state, which means property is divided fairly — not necessarily equally. The court considers many factors, including:
- The economic circumstances of each spouse.
- The contributions each person made to the marriage, both financial and non-financial.
- The value of separate property, such as inheritances or assets owned before marriage.
- Misconduct that affected the couple’s financial situation.
Marital property typically includes income, real estate, investments, and retirement accounts acquired during the marriage. Separate property, on the other hand, generally refers to assets owned before marriage or received as gifts or inheritances.
Identifying Hidden Assets
Unfortunately, not every spouse is transparent during a divorce. It’s not uncommon for one party to attempt to hide assets to avoid fair division. This might include transferring money to another account, undervaluing a business, or delaying bonuses or commissions.
If you suspect hidden assets, your attorney can request financial disclosures, issue subpoenas, or work with forensic accountants to locate missing funds or property. Missouri courts take these issues seriously, and failing to disclose assets may lead to penalties or an unfavorable division of property.
Protecting Your Financial Future
A divorce can reshape your financial landscape, but there are steps you can take to stay in control:
- Gather bank statements, tax returns, and account records early.
- Avoid making major financial decisions without legal guidance.
- Keep emotions out of financial negotiations as much as possible.
Final Thoughts
Divorce doesn’t just end a marriage — it may set the foundation for your financial future. Understanding your rights and taking proactive steps can help you protect what matters most.
If you’re facing divorce in Missouri and want to ensure your finances are secure, the attorneys at Kelly & Jansen, LLC can provide clarity, strategy, and guidance through every step of the process.









