If you’re going through a divorce in Kansas City, you may be asking one very important question: Do I have to split my retirement accounts during divorce?
In most cases, the answer is yes—but it depends on when the retirement savings were earned, whether the funds are considered marital or separate property, and what side of the state line you live on. Kansas and Missouri both follow equitable distribution laws for property division during divorce, but there are key differences in how retirement accounts are handled between the two states.
Are Retirement Accounts Considered Marital Property?
Whether you live in Kansas or Missouri, retirement accounts such as 401(k)s, IRAs, and pensions are often subject to property division during divorce. That’s because any contributions made during the marriage are generally considered marital property, even if the account is only in your name.
However, contributions made before the marriage or after a legal separation may be considered separate property, and that’s where things begin to differ between Kansas and Missouri.
Retirement Account Division in Kansas
Kansas follows equitable distribution laws, meaning marital property is divided fairly—but not always equally—during divorce. Retirement accounts earned during the marriage are typically considered marital property and are subject to division.
Separate property—such as retirement savings acquired before the marriage—is not included in equitable property division. However, Kansas law places the burden on the spouse claiming an asset is separate. That spouse must prove, with clear documentation, that the account or portion of it is truly separate and not mixed with marital funds. Without this proof, the court may treat the property as marital.
If you’re divorcing in Kansas, it’s important to know that the judge has broad discretion to divide property based on:
- The age of the parties
- The duration of the marriage
- The property owned by the parties
- Their present and future earning capacities
- The time, source and manner of acquisition of property
- Family ties and obligations
- The allowance of maintenance or lack thereof
- Dissipation of assets
- The tax consequences of the property division upon the respective economic circumstances of the parties
- Such other factors as the court considers necessary to make a just and reasonable division of property
So yes—if your retirement benefits were earned during the marriage, even if the account is in your name, expect it to be part of the property division during divorce. If you believe part of the account is separate, be prepared to prove it.
Retirement Account Division in Missouri
Missouri also follows the equitable distribution model for dividing property during divorce. Just like in Kansas, Missouri courts only divide marital property. Separate property—such as retirement savings earned before the marriage—will usually remain with the original owner. Only the contributions and growth during the marriage will be subject to property division during divorce.
Missouri judges will consider:
- The economic circumstances of each spouse
- The contribution of each spouse to the acquisition of marital property
- The value of each spouse’s separate property
- The conduct of the parties during marriage
- Custodial arrangements for children
Like Kansas, Missouri allows couples to negotiate their own division of retirement assets—but if they can’t agree, the court will decide.
What Types of Retirement Accounts Can Be Divided?
Retirement accounts are often one of the most significant assets in a divorce. In both Kansas and Missouri, accounts commonly divided during divorce include:
- 401(k) and 403(b) plans
- Traditional and Roth IRAs
- Pensions and defined benefit plans
- Military and government retirement benefits
- Thrift Savings Plans (TSP)
- SEP and SIMPLE IRAs
In Missouri, account values are generally based on the date of trial, while in Kansas, judges have more discretion and may choose the date of separation, filing, or trial—whichever is most appropriate for the case. In both states, only the portion earned during the marriage is typically subject to property division.
Do You Always Have to Split Retirement Accounts?
Not always—but you’ll need to negotiate.
You and your spouse can agree to divide property in a way that works for both of you. For example, you might agree to keep your entire retirement account in exchange for your spouse keeping another asset, such as the family home.
But if you can’t reach an agreement, the court will intervene. In both Kansas and Missouri, that usually means dividing retirement accounts based on the laws of equitable property division during divorce.
Can You Protect Your Retirement Accounts During Divorce?
Dividing retirement assets doesn’t always mean losing half. With the right strategy and support, you can protect what you’ve worked hard to build. Taking proactive steps early in the process can make a significant difference in the outcome.
Ways to minimize the impact of property division during divorce include:
- Document your account history – Provide statements showing pre-marital contributions and growth.
- Hire a forensic accountant or financial advisor – They can help you value your accounts accurately.
- Negotiate wisely – Work with your attorney to explore creative settlement options that preserve your assets.
- Get legal representation early – An experienced divorce attorney in Kansas City can help you develop a strategy that aligns with your financial goals.
The more informed and prepared you are, the better your chances of reaching a fair settlement that protects your long-term financial health.
Don’t Leave Your Future to Chance
If you’re going through a divorce in Kansas City, chances are you’ll need to split at least a portion of your retirement accounts—especially the part earned during the marriage. At Kansas Legal Group, our team helps clients on both sides of the state line navigate property division during divorce with clarity and confidence.
If you want to protect your retirement and secure what’s rightfully yours, contact us today to schedule a consultation.