Valuation and Cutoff Dates for Retirement Accounts in Kansas: Separation, Filing or Decree
In a Kansas retirement division, the court sets a valuation date on request: separation, filing or trial. Property becomes marital when the action is commenced, and plan gains and losses on the other spouse’s share run until distribution.
What valuation date does Kansas use for retirement?
Upon request, the trial court shall set a valuation date to be used for all assets at trial, which may be the date of separation, filing or trial as the facts and circumstances of the case may dictate. The court may consider evidence of changes in value of various assets before and after the valuation date (K.S.A. 23-2802(b)). The Kansas pension division calculator lets you test any service-month count.
What happens to gains and losses in a defined-contribution plan in Kansas?
In dividing defined-contribution types of retirement and pension plans, the court shall allocate profits and losses on the nonparticipant’s portion until the date of distribution to that nonparticipant (23-2802(b)). So the other spouse’s share rises and falls with the plan until it is actually paid.
When does property become marital in Kansas?
All property owned by married persons becomes marital property at the time an action is commenced in which a final decree is entered for divorce, separate maintenance or annulment, and each spouse’s common ownership vests then, with the extent of the vested interest determined and finalized by the court under 23-2802 (23-2801).
Does a premarital pension count in Kansas?
The statute divides property whether owned before the marriage or acquired after it, and the time, source and manner of acquisition is a factor (23-2802(c)(5)). Service before the marriage therefore sits outside the marital fraction, which the calculator shows separately.
What if one spouse dissipates assets in Kansas?
Dissipation of assets is one of the ten listed factors in the division (23-2802(c)(8)).
Who keeps the investment risk after the valuation date in Kansas?
In a defined-contribution plan the nonparticipant’s portion shares in profits and losses until distribution, while for a defined-benefit pension the benefit is set by the plan formula; ask the plan which kind of order it accepts (23-2802(b)).
Do beneficiary designations change in Kansas?
The decree must provide for changes in beneficiary on insurance and annuity policies, trusts and transfer-on-death or payable-on-death accounts (23-2802(d)), and the parties must file the changes with the insurer or issuer.
Can the court see how value changed around the valuation date in Kansas?
Yes. The court may consider evidence regarding changes in value of various assets before and after the valuation date in making the division (23-2802(b)).
Does the other spouse share in later contributions in Kansas?
The valuation date you choose decides which balance is divided, and the court may still consider evidence of changes in value on either side of that date (23-2802(b)). Name your date in the agreement so the account statements line up with it.
How does the date fit with the rest of the estate in Kansas?
A retirement benefit is one asset in the estate. See the Kansas property division calculator and the Kansas alimony calculator. The allowance of maintenance, or lack of it, is a factor in the property division.
What should the paperwork say in Kansas?
- The marriage date, the separation date and the valuation date used for the marital fraction.
- Each account and its value on that date.
- Whether gains and losses after that date are shared.
- The plan’s order requirements, such as a qualified domestic relations order.
- Any premarital portion claimed as separate.
Frequently asked questions
What is the valuation date for retirement in a Kansas divorce?
On request, the court sets it: the date of separation, filing or trial.
Who bears investment gains and losses on a Kansas retirement account after the valuation date?
In a defined-contribution plan, the court allocates profits and losses on the nonparticipant’s portion until distribution.
When does Kansas property become marital?
When an action ending in a final decree is commenced, and each spouse’s interest vests then.
Does dissipation matter in a Kansas property division?
Yes. It is one of the ten factors.
Can a Kansas court consider changes in value around the valuation date?
Yes. It may consider evidence of changes in value before and after that date.
Official sources
- K.S.A. 23-2802: division of property
- K.S.A. 23-2801: marital property
- 10 U.S.C. 1408: military retired pay in divorce
- 26 U.S.C. 414(p): qualified domestic relations orders
- 29 U.S.C. 1056(d)(3): ERISA domestic relations orders
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Kansas statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Kansas attorney.