Can I Protect Certain Assets In A Contested Divorce?

If you’re going through a contested divorce in Kansas City, one of the biggest concerns on your mind is likely asset division, and whether you can protect certain assets from being split. The good news? In many cases, you can. But it takes preparation, knowledge of the law, and the right legal strategy.

How Does Asset Division Work in a Contested Divorce?

In a contested divorce, you and your spouse can’t agree on important issues such as child custody, spousal support, or how to divide your assets. These cases are often more complex and may involve court appearances, extended timelines, and the need for strong legal representation.

Both Kansas and Missouri follow the equitable distribution model, which means property is divided fairly, though not always equally. If you’re divorcing in Kansas City, the court will consider several factors to determine what’s fair, such as:

• The length of the marriage
• Each spouse’s income and future earning ability
• Financial and non-financial contributions to the marriage (like parenting or homemaking)
• Conduct during the marriage, including if one spouse wasted or hid marital assets

But before the court can divide anything, it must first decide what’s considered marital property and what qualifies as separate property.

What Counts as Marital vs. Separate Property?

This distinction plays a major role in asset division.

• Marital Property: Anything acquired during the marriage, such as income, homes, retirement accounts, or vehicles, regardless of whose name is on the title. These are generally subject to asset division.
• Separate Property: Assets you owned before the marriage, after separation, or that you received individually during the marriage through inheritance or gift. These can often be protected from division if properly documented.

In many contested divorces, disagreements arise over how certain assets should be classified. That’s why proper documentation and legal support are essential.

What Assets Can I Protect in a Contested Divorce?

Not everything you own is automatically divided in a contested divorce. Some assets may be protected, depending on how they were acquired and maintained. These assets include:

1. Pre-Marital Assets

Anything you owned before getting married, such as real estate, investment accounts, vehicles, or family heirlooms, may be considered separate property. To protect them, you’ll need documentation that proves you owned the asset before the marriage, and that it wasn’t used for joint purposes or combined with marital funds.

2. Inheritances

Assets received through inheritance, even during the marriage, are typically considered separate property. However, if you deposit inherited funds into a joint account or use them for shared expenses, the court may view them as marital property.

3. Gifts from Third Parties

Gifts given to you individually by someone outside the marriage, like a parent or close friend, can also be treated as separate property. Just like inheritances, these need to be kept separate and not used for shared purposes, to remain protected during asset division.

4. Business Interests

If you owned a business before the marriage, or if it’s clearly tied to separate assets, it may be protected. However, if your spouse helped grow the business or contributed in any way, the court might determine that part of the business is marital property.

How Can I Strengthen My Case for Protecting Assets?

In a contested divorce, simply claiming an asset is yours isn’t enough–you need to prove it. The court will examine how the asset was acquired, managed, and documented. Taking the right steps early on can make a major difference in the outcome of your case:

• Keep Thorough Documentation: Maintain clear records that show when and how you acquired each asset.
• Avoid Mixing Separate Assets: Once assets are commingled, it becomes more difficult to argue that they should remain separate.
• Be Transparent: Never try to hide or undervalue assets. Courts in Kansas City take transparency seriously, and dishonest behavior can result in penalties or loss of the assets during asset division.
• Use Prenuptial or Postnuptial Agreements: If you have a valid prenup or postnup, it can outline which assets should be treated as separate. Be sure your attorney reviews the agreement and uses it to support your case.
• Work with an Experienced Divorce Attorney: The right legal team will know how to present strong evidence, defend your claims, and handle disputes effectively. In a contested divorce, especially where valuable assets are involved, skilled representation is essential.

By taking these steps, you improve your chances of protecting what’s yours and securing a fair outcome in the asset division process.

Take the First Step Toward Protecting Your Future

Facing a contested divorce in Kansas City doesn’t mean you have to give up what matters most. At Kansas Legal Group, we understand how local courts approach asset division, and we’re here to build a strategy that protects your interests from day one.

Contact us today to schedule your consultation and get the experienced legal support you deserve.