Dividing Property and Maintenance
K.S.A. 23-2802 — all the property, whenever acquired, divided justly on ten factors, and maintenance where fair
The decree divides all the spouses' property, retirement and pension plans included, whether owned before the marriage, acquired by one spouse after it, or acquired together. The court may divide it in kind, award it to one spouse with a payment to the other, or order it sold and split the proceeds.
Who handles this in Kansas: legal aid programs, lawyer referral and the state offices, listed in the Kansas directory.
- The ages of the spouses and how long the marriage lasted.
- The property they own, and their present and future earning capacities.
- When, from where and how the property was acquired.
- Family ties and obligations, and whether maintenance is awarded.
- Any dissipation of assets, and the tax consequences of the division.
The decree may award either spouse maintenance in an amount the court finds fair, just and equitable, as a lump sum, in payments, as a percentage of earnings, or any other way, and may make it modifiable or terminable as the decree says.
Sources for this section (2)
- K.S.A. 23-2802 — Division of property
- K.S.A. 23-2902 — Maintenance
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Kansas attorney.