Kansas Marital Property Laws

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 and is subject to equitable division. Judges divide property fairly but not always equally.

Nine states, such as California, are community property 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 marital and separate property differently.

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 for more information.

Marital Property and Separate Property

Under Kansas law, all property acquired during marriage becomes marital property. Marital property includes tangible and monetary assets such as retirement accounts and pension plans, as well as intangible property and business goodwill.

Anything a spouse owned before the marriage is separate property. 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.

Note: 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.

Kansas Marital Property Law

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.

If the couple cannot agree, a judge can make an equitable division by:

• Apportioning property according to ownership or use (for instance, giving one spouse a car, the other spouse a boat)
• Giving one spouse property and the other an equal monetary sum
• Ordering property sold and the profits divided

When making any division of property, Kansas statute § 23-2802 allows the judge to consider:

• The duration of the marriage
• The age and health of the parties
• The parties' present and future earning capacity
• The effect of debt division and tax consequences on both parties
• Other legal issues, such as child custody, alimony, or spousal support

Kansas is a no-fault state for divorce, but judges can consider marital waste or dissipation during property division. For instance, if one spouse created substantial credit card debt due to an extramarital affair, the judge can call this "marital waste" and give the entire debt to that spouse.

Get Legal Advice From a Kansas Divorce Lawyer

Divorce is a complex legal matter. You should consult a Kansas divorce attorney in your area for legal assistance with a marital property or divorce matter.