The first question your father has is which is the appropriate jurisdiction, Missouri or Kansas. To answer that I would need to know where they where they last lived as husband and wife, and how long your father has lived in MO and how long his wife has lived in KS. This is an important question because it changes the answer regarding the alimony/maintenance question. With respect to the division of the retirement accounts, in Missouri marital property is to be equitably divided. Marital property is any property that was acquired during the marriage with a few exceptions (for example, inheritance money is not marital property provided it has been kept in a separate account). Your father's retirement accounts may be subject to division if he earned any of the retirement points during the marriage. Only those points earned during the marriage are subject to division. I would tell you father that since he would no more think about filling his own cavities or performing his own heart operation, that perhaps he needs to consult with a lawyer about his situation especially since it could cost him a bundle not to.
Answered on Apr 26th, 2012 at 3:43 PM