{"id":373472,"date":"2016-03-31T21:35:19","date_gmt":"2016-04-01T02:35:19","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/kansas-law\/kansas-marital-property-laws.html"},"modified":"2024-06-17T00:32:18","modified_gmt":"2024-06-17T05:32:18","slug":"kansas-marital-property-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/kansas-law\/kansas-marital-property-laws.html","title":{"rendered":"Kansas Marital Property Laws"},"content":{"rendered":"\n
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Kansas Marital Property Laws<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Susan Buckner, J.D.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

State law determines property division during a divorce. In Kansas, courts use the equitable distribution rule. All property acquired during a marriage becomes marital property<\/a> and is subject to equitable division. Judges divide property fairly but not always equally.<\/p>\r\n

Nine states, such as California, are community property<\/a> states. In these states, courts divide marital assets 50\/50 between the spouses. The other states, like Kansas, are equitable distribution states. Each state defines<\/a> marital and separate property differently.<\/p>\r\n

A married couple can write their own settlement agreement when it’s time to divide marital property. To protect your property rights, review the information provided here or visit FindLaw’s section on Divorce and Property<\/a> for more information.<\/p>\r\n

Marital Property and Separate Property<\/b><\/h2>\r\n

Under Kansas law, all property acquired during marriage becomes marital property. Marital property<\/a> includes tangible and monetary assets such as retirement accounts and pension plans, as well as intangible property and business goodwill.<\/p>\r\n

Anything a spouse owned before the marriage is separate property<\/a>. Separate property is not subject to division of assets during divorce proceedings. Separate property also includes inheritances and gifts. The spouse claiming the items as separate property must show the items were not marital property.<\/p>\r\n

Note:<\/b> State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should always consult an attorney or conduct your own legal research to verify the state law(s) before making any legal decisions.<\/i><\/p>\r\n

Kansas Marital Property Law<\/b><\/h2>\r\n

A couple can write their own settlement agreement or have a prenuptial agreement designating some items for one spouse in the event of divorce. Kansas courts will usually approve these agreements as long as they are equitable to both parties.<\/p>\r\n

If the couple cannot agree, a judge can make an equitable division by:<\/p>\r\n