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Kansas Statutes Annotated

K.S.A. § 23-2712 (2026)

Separation agreement

✓ current as of May 2026
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23-2712. Separation agreement. (a) If the parties have entered into a separation agreement which the court finds to be valid, just and equitable, the agreement shall be incorporated in the decree. A separation agreement may include provisions relating to a parenting plan. The provisions of the agreement on all matters settled by it shall be confirmed in the decree except that any provisions relating to the legal custody, residency, visitation parenting time, support or education of the minor children shall be subject to the control of the court in accordance with all other provisions of this article.

(b) Matters settled by an agreement incorporated in the decree, other than matters pertaining to the legal custody, residency, visitation, parenting time, support or education of the minor children, shall not be subject to subsequent modification by the court except: (1) As prescribed by the agreement; or (2) as subsequently consented to by the parties.

History: L. 2011, ch. 26, § 7; July 1.

Notes of Decisions
Cited in 15 cases (5 in the last 5 years), 2014–2024 · leading case: In re Marriage of Gerleman, 435 P.3d 552 (Kan. Ct. App. 2018).
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In re Marriage of Gerleman, 435 P.3d 552 (Kan. Ct. App. 2018). · cites it 8× “Robert simply argues the agreement on maintenance was not incorporated into the divorce decree and, as a result, K.S.A. 2017 Supp. 23-2712(b) does not apply.”
In Re the Marriage of Traster, 339 P.3d 778 (Kan. 2014). · cites it 2× “60-1610(b)(3), which is now K.S.A. 2013 Supp. 23-2712, directs district courts to incorporate the parties' "separation agreement" into the divorce decree if the district court finds the parties' agreement to be "valid, just and equitable.”
In re Marriage of Doud & Modrcin, 480 P.3d 800 (Kan. Ct. App. 2020). “K.S.A. 2019 Supp. 23-2712(b). Modrcin asked the court to divide the parties' Williams Fund account—and modify the existing arrangement—in his 2017 motion to alter or amend the district court's initial findings regarding dormancy.”
In re Marriage of Welter, 474 P.3d 786 (Kan. Ct. App. 2020). · cites it 4× “K.S.A. 2019 Supp. 23-2712 (no modification of court-approved agreement except as provided in agreement itself or as the parties later agree).”
In re Marriage of Johnston (Kan. Ct. App. 2017). · cites it 7× “As a general proposition, under K.S.A. 2016 Supp. 23-2712, a court has no authority to modify a separation agreement, other than any provisions in it relating to custody, parenting time, and child support, unless the parties themselves have agreed to such a modification.”
Matter of Marriage of Whildin, 444 P.3d 373 (Kan. Ct. App. 2019). · cites it 4× “) K.S.A. 2018 Supp. 23-2712(b). Importantly, any provisions in a settlement agreement related to the support of a minor child are subject to the control of the district court.”
In re Marriage of Obembe & Grammatikopoulou – Isherwood – Affirmed – Shawnee (Kan. Ct. App. 2023). · cites it 4× “Analysis This issue is controlled by K.S.A. 2021 Supp. 23-2712(b), which provides: "(b) Matters settled by an agreement incorporated in the decree, other than matters pertaining to the legal custody, residency, visitation, parenting time, support or education of the minor…”
In re Marriage of Rrapaj (Kan. Ct. App. 2024). · cites it 4× “LEGAL ANALYSIS The district court had sufficient evidence from which it could reasonably conclude that the parties' settlement agreement was valid, just, and equitable. Leonard's first argument on appeal is that the district court failed to properly scrutinize the settlement…”
In re Marriage of Lee (Kan. Ct. App. 2021). · cites it 3× “" Given the mandate of this statute and its predecessors, "separation agreements have always been subject to the scrutiny of the courts to prevent fraud and oppression.”
In re Marriage of Nelson (Kan. Ct. App. 2020). · cites it 2× “23-2712(b) limits a court's ability to modify a number of matters—including maintenance—settled by agreement in a divorce: "Matters settled by an agreement incorporated in the decree, other than matters pertaining to the legal custody, residency, visitation, parenting time,…”
In re Marriage of Meier (Kan. Ct. App. 2020). · cites it 2× “In an action for separate maintenance, "If the parties have entered into a separation agreement which the court finds to be valid, just and equitable, the agreement shall be incorporated in the decree.”
Matter of Marriage of Moler & Moler, 444 P.3d 1017 (Kan. Ct. App. 2019). · cites it 2× “K.S.A. 2018 Supp. 23-2712 ; 2 Elrod, Kansas Law and Practice: Kansas Family Law § 14:30 (2018).”
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— K.S.A. § 23-2712(a) — 6 cases
In re Marriage of Rrapaj (Kan. Ct. App. 2024). “LEGAL ANALYSIS The district court had sufficient evidence from which it could reasonably conclude that the parties' settlement agreement was valid, just, and equitable. Leonard's first argument on appeal is that the district court failed to properly scrutinize the settlement…”
In re Marriage of Lee (Kan. Ct. App. 2021). “" Given the mandate of this statute and its predecessors, "separation agreements have always been subject to the scrutiny of the courts to prevent fraud and oppression.”
Matter of Marriage of Whildin, 444 P.3d 373 (Kan. Ct. App. 2019). “) K.S.A. 2018 Supp. 23-2712(b). Importantly, any provisions in a settlement agreement related to the support of a minor child are subject to the control of the district court.”
In re Marriage of Johnston (Kan. Ct. App. 2017). “As a general proposition, under K.S.A. 2016 Supp. 23-2712, a court has no authority to modify a separation agreement, other than any provisions in it relating to custody, parenting time, and child support, unless the parties themselves have agreed to such a modification.”
In re Marriage of Meier (Kan. Ct. App. 2020). “In an action for separate maintenance, "If the parties have entered into a separation agreement which the court finds to be valid, just and equitable, the agreement shall be incorporated in the decree.”
— K.S.A. § 23-2712(b) — 9 cases
In re Marriage of Gerleman, 435 P.3d 552 (Kan. Ct. App. 2018). “Robert simply argues the agreement on maintenance was not incorporated into the divorce decree and, as a result, K.S.A. 2017 Supp. 23-2712(b) does not apply.”
In re Marriage of Doud & Modrcin, 480 P.3d 800 (Kan. Ct. App. 2020). “K.S.A. 2019 Supp. 23-2712(b). Modrcin asked the court to divide the parties' Williams Fund account—and modify the existing arrangement—in his 2017 motion to alter or amend the district court's initial findings regarding dormancy.”
In re Marriage of Welter, 474 P.3d 786 (Kan. Ct. App. 2020). “K.S.A. 2019 Supp. 23-2712 (no modification of court-approved agreement except as provided in agreement itself or as the parties later agree).”
In re Marriage of Obembe & Grammatikopoulou – Isherwood – Affirmed – Shawnee (Kan. Ct. App. 2023). “Analysis This issue is controlled by K.S.A. 2021 Supp. 23-2712(b), which provides: "(b) Matters settled by an agreement incorporated in the decree, other than matters pertaining to the legal custody, residency, visitation, parenting time, support or education of the minor…”
In re Marriage of Johnston (Kan. Ct. App. 2017). “As a general proposition, under K.S.A. 2016 Supp. 23-2712, a court has no authority to modify a separation agreement, other than any provisions in it relating to custody, parenting time, and child support, unless the parties themselves have agreed to such a modification.”
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