Marital vs. Non-Marital Property
Understanding the distinction between marital and non-marital property is a key element of asset distribution in Kansas. The difference influences how property is divided during a divorce, and directly impacts each party’s financial future.
Marital Property
Marital property in Kansas generally includes most assets and debts acquired by either spouse during the marriage. This is true even if only one spouse’s name appears on the title or account.
Common examples include:
For purposes of property distribution in Kansas, these assets are typically considered jointly owned and subject to equitable division.
Non-Marital Property
Non-marital property includes assets that one spouse owned before the marriage or received individually as a gift or inheritance during the marriage. In most cases, this type of property is awarded to the original owner and excluded from the equitable division process.
However, this distinction can become less clear when non-marital assets are commingled with marital ones. For example, if an inheritance is deposited into a joint bank account or used to pay marital expenses, it may lose its separate status.
Because property classification can significantly affect the outcome of a divorce, it’s often best to work with an experienced property division lawyer in Kansas City. The right attorney can help you properly identify and protect your assets throughout the process.
How Courts Determine Asset Distribution in Kansas
When it comes to asset distribution in Kansas, the courts use a set of guidelines to ensure that the division of property is handled fairly. Several factors go into account including:
- The length of the marriage.
- Each spouse’s financial condition and needs.
- The contribution of each spouse to the acquisition of marital property, including the contribution of a spouse as a homemaker.
- The anticipated future earnings and inheritances of the spouses.
- The liquidity of the property to be distributed.
- Tax consequences of the distribution.
- Any other factor the court deems relevant.
For property distribution in Kansas, courts take into account the economic circumstances of each spouse at the time the property division takes effect. This can include who remains in the family home or whether one spouse is assuming a larger share of marital debt.
Working with a knowledgeable property division lawyer in Kansas City can help you prepare for how the court might view your case. A skilled attorney can help present a full picture of your contributions and needs to ensure that property distribution in Kansas is handled fairly and in alignment with your long-term goals.
