In a Kansas divorce, property is divided based on a few factors. Divorce may involve many complicated family law cases, including child support, alimony, and child custody. Nearly all divorces involve some level of property division. Dividing property between spouses operates differently in Kansas than in most other states, and this can make it harder to navigate. A qualified Kansas City, KS, divorce attorney can help you navigate the division of property and how to effectively protect your interests.
The process of divorce is financially draining, and this can increase tension between spouses during property division. The costs of divorce and the loss of income that each spouse experiences mean that the financial aspect of property division matters a lot to each spouse’s financial stability. It’s important to understand how state law addresses property division and how you can regain control over the process.
Kansas and Marital Property
Most states make a distinction between marital property, or property gained during a marriage, and separate property, or property that spouses obtained before getting married. This is also true in Kansas during a couple’s marriage. However, Kansas handles property differently during divorce, stating that all property a couple has is considered marital property, no matter when the property was acquired or whose name the property is under.
This means that if your property is divided by the family court, you may lose assets that you assumed were not divisible. Property may include:
- The marital home
- Other real property
- Financial accounts
- Benefit accounts
- Investments
- Tangible assets
- Any personal property
Property division also includes debts as well as assets.
Assets acquired during a marriage, such as inheritance and gifts to one spouse, may also be divided between spouses. However, the court will consider factors such as the relationship between each spouse and the person who gave the gift or inheritance. These assets may be returned to the spouse who initially received them.
This may also occur with assets that would typically be considered separate. Although the court has the ability to divide any property owned by either spouse, it doesn’t mean that the court will divide all property.
Equitable Distribution Laws
Like many states, Kansas operates under equitable distribution guidelines. Under these rules, the property that is split is distributed equitably, rather than equally. The court will review several relevant factors about a couple’s marriage and financial standing to determine what is a reasonable and equitable distribution of assets and debts. Although this could be an equal split, it often is not. The factors that the court considers include:
- The duration of the couple’s marriage
- The age of each spouse
- Property owned by the couple, including the source and time of its acquisition
- Potential tax consequences of property division relating to each spouse’s economic position
- Each spouse’s current and expected earning capacity
- Each spouse’s familial ties and obligations
- Whether alimony will be awarded
- Any dissipation of assets by either spouse
- Other factors that the court believes are relevant for the division of property
Because of the family court’s consideration of when and how an asset was acquired, it may treat an asset as separate property and return an asset that one spouse acquired before the marriage to that spouse. However, this is not a guarantee. It can be useful to have an attorney to protect your rights if your assets are being divided by the court. Although the family court will have the final say, your attorney can advocate more effectively for your interests.
Dividing Property Outside of Court
Spouses do not have to be subject to equitable distribution laws if they divide their property outside of court. This is how most spouses divide property in a divorce, often through alternative methods like collaborative divorce, divorce mediation, and other types of negotiation.
If spouses can determine property division through a separation agreement, and the court determines it to be fair, the court will approve it. This gives you and your spouse much more control over how and which assets are divided.
FAQs
Q: What Is a Wife Entitled to in a Divorce in Kansas?
A: In Kansas, a wife is entitled to an equitable of assets, which means that assets are divided by the court according to what is fair and equitable. Either spouse may be entitled to a higher or lower portion of assets, depending on the circumstances.
Spouses can also choose to divide their assets outside of court without the input of the family court. When this happens, spouses do not have to follow equitable distribution laws. However, the court must approve the final agreement. If the division of property is unconscionable to one spouse, the agreement will not be approved.
Q: Does It Matter Who Files for Divorce First in Kansas?
A: From a financial perspective, it doesn’t matter who files for divorce first in Kansas. Although filing first for divorce does enable you to choose when and where to file the divorce petition, it will not grant you any preference during the divorce proceedings. Kansas is a no-fault divorce state, so filing first does not allow you to name a reason for the divorce.
Filing first may mean that you present your case to the court first, which can have benefits and drawbacks. However, none of these potentially strategic reasons for filing first will affect how the court determines property division, alimony, child custody, or any other important decisions.
Q: How Many Years Do You Have to Be Married to Get Alimony in Kansas?
A: The length of your marriage does impact alimony in Kansas, but there is not a set point where you will always be awarded alimony. The longer a marriage is, the more likely a spouse is to receive alimony. Other factors also influence this decision, such as each party’s individual income and resources, along with the age and health of each spouse.
If the court awards alimony, the length of a marriage will determine the duration of payments. If a marriage lasted less than five years, alimony will typically last half the length of the marriage.
Q: Does Infidelity Affect Divorce in Kansas?
A: Infidelity does not affect the initial filing for divorce, nor does it impact most aspects of a divorce. However, there are situations where infidelity affects property division. Kansas is an equitable distribution state, so certain factors are considered when property is divided. If a spouse had wasted assets due to marital misconduct, like infidelity, this would be a sufficient reason to provide the other spouse with a greater share of the couple’s assets.
Defending Your Financial Interests During a Kansas City, KS, Divorce
An attorney can help you and your spouse reach an agreement outside of court. If that isn’t possible, an attorney can instead protect your rights in court. Contact Stange Law Firm to see how we can help.
