How does property get divided in a divorce?

Property division is one of several aspects of filing for divorce, along with child custody, child support and spousal maintenance.

When one spouse files for divorce in the State of Kansas, all property owned by either spouse becomes marital property, whether it was acquired before or during the marriage. This includes separately titled property, inherited property and gifted property.

However, if the parties entered into a valid premarital contract prior to marrying, those assets listed in the premarital agreement remain separate property and are not subject to division. Once marital property has been identified, the court then determines the extent of each spouse’s interest in the marital property.

To make a just and reasonable property division, the district court weighs several statutory factors, such as: the age of the parties; the duration of the marriage; the present and future earning capabilities of the parties; the time, source and manner of acquisition of the property; family ties and obligations; the allowance of maintenance; dissipation of assets; tax consequences and any other factors necessary to make an equitable division. It is important to note that equitable does not always mean equal.

Parties on their own can agree how to divide the property, too. The parties’ agreement as to the division of debts and assets is listed in a proposed settlement agreement for the court to consider and/or adopt as an Order of the court.

K.S.A. §23-2801 and K.S.A. §23-2802