Kansas Divorce Property Division

What the Law Says

Kansas courts divide marital property under an equitable distribution standard — the judge decides what's fair, which may or may not be 50/50.

Kansas is an all-property state: under K.S.A. §23-2801, all property owned by the spouses — whether acquired before or during the marriage, including vested and unvested military retirement pay and marketable professional goodwill — becomes marital property, vesting in each spouse at the commencement of the action. The court divides it in a just and reasonable manner by a division in kind, by awarding property to one spouse with an equalizing payment to the other, or by ordering a sale (§23-2802(a)), and on request sets a valuation date of separation, filing, or trial (§23-2802(b)). §23-2802(c) lists ten factors; the division need not be equal but must be equitable.

Division Factors (Kan. Stat. Ann. §23-2802)

What Kansas courts weigh:

1. Age of the parties (K.S.A. §23-2802(c)(1))
2. Duration of the marriage (§23-2802(c)(2))
3. Property owned by the parties (§23-2802(c)(3))
4. Present and future earning capacities of the parties (§23-2802(c)(4))
5. Time, source and manner of acquisition of property (§23-2802(c)(5))
6. Family ties and obligations (§23-2802(c)(6))
7. Allowance of maintenance or lack thereof (§23-2802(c)(7))
8. Dissipation of assets (§23-2802(c)(8))
9. Tax consequences of the property division upon the respective economic circumstances of the parties (§23-2802(c)(9))
10. Such other factors as the court considers necessary to make a just and reasonable division of property (§23-2802(c)(10))

Common Questions