Quick answer: Kansas is an equitable distribution state, not a community property state. All property owned by married persons, whether owned before the marriage or acquired by either spouse afterward, and whether held individually or in co-ownership, becomes marital property when a divorce action is commenced, and the court determines each spouse’s vested interest. The decree divides the real and personal property, including retirement and pension plans, in a just and reasonable way after considering ten 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, the allowance of maintenance, dissipation of assets, the tax consequences, and other factors. There is no fixed percentage.
What the Kansas statutes say
- Marital property. All property owned by married persons, including the present value of vested or unvested military retirement pay and, for actions begun on or after July 1, 1998, marketable professional goodwill, becomes marital property when the action is commenced (K.S.A. 23-2801).
- Division. In kind, by awarding property to one spouse who pays the other a just and proper sum, or by a sale and division of the proceeds (23-2802(a)).
- Valuation date. On request, the court sets one valuation date for all assets, which may be the date of separation, filing or trial (23-2802(b)).
- Beneficiaries. The decree must provide for changes of beneficiary on insurance, annuities, trusts and transfer-on-death accounts (23-2802(d)).
How the calculator works
You enter everything each spouse holds and each spouse’s debts. The calculator adds up the property, starts at an equal share and shows the equalizing payment; you can move the slider to test a different division. The reasoning is in how Kansas divides property, premarital and inherited property and dissipation, retirement and the home.
Property and maintenance
The allowance of maintenance is one of the property factors. See the Kansas alimony calculator.
Property division across Kansas
The statutes apply in every Kansas district court, from Wichita, Overland Park, Kansas City, Topeka, Olathe or Lawrence. The IRS lists nine community property states, and Kansas is not among them.
Frequently asked questions
Is Kansas a community property state?
No. Kansas divides marital property in a just and reasonable way under K.S.A. 23-2802. The IRS lists nine community property states, and Kansas is not among them.
Does Kansas split property 50/50 in a divorce?
Not by rule. The court divides property in a just and reasonable way after considering ten factors, and the statute sets no percentage.
When does property become marital in Kansas?
All property owned by married persons becomes marital property when an action for divorce, separate maintenance or annulment is commenced.
Is premarital property divided in Kansas?
The statute divides property owned before the marriage as well, but the time, source and manner of acquisition is one of the factors.
Are retirement plans divided in Kansas?
Yes. The decree divides retirement and pension plans along with the other property, and the present value of vested or unvested military retirement pay is included.