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Kansas KS AI draft

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Distribution Type
Equitable Distribution
Division Standard
Equitable — judge decides
Income Adjustment
Equitable

Methodology

Equitable distribution

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

The following factors are commonly evaluated under Kansas law:

  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))

Statute / Authority

Citation: Kan. Stat. Ann. §23-2802 ↗

Source: https://www.ksrevisor.org/statutes/

Source & verification AI draft
Citation
Kan. Stat. Ann. §23-2802
Source URL
https://www.ksrevisor.org/statutes/
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Reference Library

Kansas Property Division

Kansas applies equitable distribution under K.S.A. §§23-2801 and 23-2802. Kansas is an all-property state — every asset either spouse owns, however and whenever acquired, becomes marital property vesting at the commencement of the action — and the court divides it in a just and reasonable manner (in kind, by an equalizing award, or by sale) after weighing ten statutory factors: the age of the parties; the duration of the marriage; the property owned; present and future earning capacities; the time, source, and manner of acquisition; family ties and obligations; any maintenance allowance; dissipation of assets; tax consequences; and any other factor needed for a just and reasonable division. The division need not be equal but must be equitable.

Citation: Kan. Stat. Ann. §23-2802

Source: https://www.ksrevisor.org/statutes/

Last updated: 2026-07-23T00:37:19.682994

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