Division of Property in Divorce

In Kansas, any and all property and debts acquired during the marriage through the efforts of one or both of the parties, is subject to division in a divorce. The property that may be divided includes real and personal property, financial accounts, investments accounts, retirement accounts and plans, vehicles, secured or unsecured debts, and any other property interests that either spouse may possess at any time during the marriage. Marital property includes gifts from one spouse to the other before or after the marriage. It includes the appreciation, rents, profits, dividends, interest, and earnings of any individual property during the marriage. It also includes property rights accrued by either or both of the spouses during the marriage and not yet received (unless received as a gift or inheritance). It does not matter if the property was acquired by the efforts or employment of only one of the parties. Even if property is titled in the name of only one of the spouses, it is still subject to division.

Kansas law requires that a division of property in a divorce proceeding be a "equitable division". However, Kansas law does not state "how" the property will be divided. Although Kansas courts are not required to equally divided the net marital estate, judges frequently reach that result after considering all of the evidence. Pursuant to K.S.A. 23-2802, judges are to consider the following factors when dividing the net worth of the parties:

1. Ages of the parties;

2. Duration of the marriage;

3. Property owned by the parties;

4. Present and future earnings;

5. Time, source, and manner of acquisition of property;

6. Family ties and obligations;

7. Allowance or disallowance of maintenance;

8. Dissipation of assets;

9. Tax consequences of the division; and

10. Any other factors the court considers relevant and/or necessary to make any equitable division.

In Missouri, marital property includes all property acquired by either spouse between the date of the marriage and the date of the dissolution (divorce), unless it is specifically excluded as non-marital property. Missouri is not a community property state.

The court will divide the marital property in a "fair and equitable" manner. Although in the majority of cases, the marital estate is divided equally, Missouri law describes several factors that the court must consider in dividing property, and the court has authority to divide the marital estate in any proportion it seems fit, based on the following:

1. The economic circumstances of each spouse at the time the property division is to become effective;

2. The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as a homemaker;

3. The value of any non-marital property set aside to each spouse;

4. The conduct, or misconduct of the parties during the marriage; and

5. Custody arrangements for the minor children.