23-2802.
Division of property.
(a) A decree under K.S.A. 23-2711, and amendments thereto, shall divide the real and personal property of the parties, including any retirement and pension plans, whether owned by either spouse prior to marriage, acquired by either spouse in the spouse's own right after marriage or acquired by the spouses' joint efforts, by: (1) A division of the property in kind; (2) awarding the property or part of the property to one of the spouses and requiring the other to pay a just and proper sum; or (3) ordering a sale of the property, under conditions prescribed by the court, and dividing the proceeds of the sale.
(b) Upon request, the trial court shall set a valuation date to be used for all assets at trial, which may be the date of separation, filing or trial as the facts and circumstances of the case may dictate. The trial court may consider evidence regarding changes in value of various assets before and after the valuation date in making the division of property. In dividing defined-contribution types of retirement and pension plans, the court shall allocate profits and losses on the nonparticipant's portion until date of distribution to that nonparticipant.
(c) In making the division of property the court shall consider: (1) The age of the parties; (2) the duration of the marriage; (3) the property owned by the parties; (4) their present and future earning capacities; (5) the time, source and manner of acquisition of property; (6) family ties and obligations; (7) the allowance of maintenance or lack thereof; (8) dissipation of assets; (9) the tax consequences of the property division upon the respective economic circumstances of the parties; and (10) such other factors as the court considers necessary to make a just and reasonable division of property.
(d) The decree shall provide for any changes in beneficiary designation on: (1) Any insurance or annuity policy that is owned by the parties, or in the case of group life insurance policies, under which either of the parties is a covered person; (2) any trust instrument under which one party is the grantor or holds a power of appointment over part or all of the trust assets, that may be exercised in favor of either party; or (3) any transfer on death or payable on death account under which one or both of the parties are owners or beneficiaries.
Nothing in this section shall relieve the parties of the obligation to effectuate any change in beneficiary designation by the filing of such change with the insurer or issuer in accordance with the terms of such policy.
History:
L. 2011, ch. 26, § 13; L. 2012, ch. 162, § 42; May 31.
Notes of Decisions
In re Marriage of Williams (2018)
kan
“And marital property includes military retirement benefits under K.S.A. 2017 Supp. 23-2801, which provides that Kansas district courts can treat as marital property "the present value of any vested or unvested military retirement pay .”
In re Marriage of Thrailkill (2019)
kanctapp · cites it 2×
“K.S.A. 2018 Supp. 23-2802(b) provides that the court, on request, "shall set a valuation date to be used for all assets at trial.”
In Re the Marriage of Traster (2014)
kan · cites it 2×
“60-1610(b)(1), which is now K.S.A. 2013 Supp. 23-2802, governs property division when the parties do not have an agreement.”
Estate of Merritt ex rel. Merritt v. Wachter (2014)
moctapp · cites it 2×
“60-1610(b)(1), amended to K.S.A. 23-2802, and K.S.A. 59-610 because these statutory requirements render immaterial any unspecified intention of the parties and require the decedent’s beneficiary designation be honored.”
In re Marriage of Perales (2020)
kanctapp · cites it 7×
“Let's first look at subsection (a)(2), which authorizes "awarding the property or part of the property to one of the spouses and requiring the other to pay a just and proper sum.”
Jones v. Culver (2014)
kanctapp
“60-1610(b) (now K.S.A. 2013 Supp. 23-2802[d]), a change in beneficiary must be addressed in a divorce decree or by the actions of the owner.”
In re Marriage of Bowers and Potts (2023)
kanctapp · cites it 13×
“'" In the division of assets and liabilities section of the order, the court made findings under the statutory factors set out in K.S.A. 2019 Supp. 23-2802 to govern the division of property that was not controlled by the parties' premarital agreement or various postnuptial…”
In re Marriage of Meek (2024)
kanctapp · cites it 11×
“This court reviews the district court's division of property pursuant to K.S.A. 23-2802 for an abuse of discretion.”
In re Marriage of Farha and Oaks (2022)
kanctapp · cites it 9×
“" The statute, K.S.A. 2020 Supp. 23-2802, governs the valuation and division of property in divorce actions.”
In re Marriage of Robinson (2021)
kanctapp · cites it 8×
“Although each spouse has common ownership in the marital property, the extent of each party's respective interest must be determined by the district court under K.S.A. 2020 Supp. 23-2802. K.S.A. 2020 Supp.”
In re Marriage of Welter (2020)
kanctapp
“The district court fashioned the amount and duration of the maintenance as one component of a financial accounting of their relationship, including their earning capacities, to make an equitable allocation of the marital assets and liabilities.”
In re Marriage of Wood (2020)
kanctapp · cites it 6×
“" K.S.A. 2019 Supp. 23-2802(b). On this point, Steven asserts that "disputes over the date of valuation of the marital assets are to [be] worked out in a pretrial conference.”
— K.S.A. § 23-2802(a) — 8 cases
In re Marriage of Welter (2020)
kanctapp
“The district court fashioned the amount and duration of the maintenance as one component of a financial accounting of their relationship, including their earning capacities, to make an equitable allocation of the marital assets and liabilities.”
In re Marriage of Meek (2024)
kanctapp
“This court reviews the district court's division of property pursuant to K.S.A. 23-2802 for an abuse of discretion.”
In re Marriage of Robinson (2021)
kanctapp
“Although each spouse has common ownership in the marital property, the extent of each party's respective interest must be determined by the district court under K.S.A. 2020 Supp. 23-2802. K.S.A. 2020 Supp.”
— K.S.A. § 23-2802(a)(1) — 1 case
In re Marriage of Perales (2020)
kanctapp
“Let's first look at subsection (a)(2), which authorizes "awarding the property or part of the property to one of the spouses and requiring the other to pay a just and proper sum.”
— K.S.A. § 23-2802(a)(2) — 1 case
In re Marriage of Perales (2020)
kanctapp
“Let's first look at subsection (a)(2), which authorizes "awarding the property or part of the property to one of the spouses and requiring the other to pay a just and proper sum.”
— K.S.A. § 23-2802(b) — 5 cases
In re Marriage of Thrailkill (2019)
kanctapp
“K.S.A. 2018 Supp. 23-2802(b) provides that the court, on request, "shall set a valuation date to be used for all assets at trial.”
In re Marriage of Wood (2020)
kanctapp
“" K.S.A. 2019 Supp. 23-2802(b). On this point, Steven asserts that "disputes over the date of valuation of the marital assets are to [be] worked out in a pretrial conference.”
— K.S.A. § 23-2802(c) — 22 cases
In re Marriage of Bowers and Potts (2023)
kanctapp
“'" In the division of assets and liabilities section of the order, the court made findings under the statutory factors set out in K.S.A. 2019 Supp. 23-2802 to govern the division of property that was not controlled by the parties' premarital agreement or various postnuptial…”
In re Marriage of Perales (2020)
kanctapp
“Let's first look at subsection (a)(2), which authorizes "awarding the property or part of the property to one of the spouses and requiring the other to pay a just and proper sum.”
In re Marriage of Robinson (2021)
kanctapp
“Although each spouse has common ownership in the marital property, the extent of each party's respective interest must be determined by the district court under K.S.A. 2020 Supp. 23-2802. K.S.A. 2020 Supp.”
In re Marriage of Meek (2024)
kanctapp
“This court reviews the district court's division of property pursuant to K.S.A. 23-2802 for an abuse of discretion.”
— K.S.A. § 23-2802(c)(10) — 4 cases
In re Marriage of Perales (2020)
kanctapp
“Let's first look at subsection (a)(2), which authorizes "awarding the property or part of the property to one of the spouses and requiring the other to pay a just and proper sum.”
In re Marriage of Meek (2024)
kanctapp
“This court reviews the district court's division of property pursuant to K.S.A. 23-2802 for an abuse of discretion.”
— K.S.A. § 23-2802(c)(3) — 1 case
In re Marriage of Perales (2020)
kanctapp
“Let's first look at subsection (a)(2), which authorizes "awarding the property or part of the property to one of the spouses and requiring the other to pay a just and proper sum.”
— K.S.A. § 23-2802(c)(6) — 1 case
In re Marriage of Perales (2020)
kanctapp
“Let's first look at subsection (a)(2), which authorizes "awarding the property or part of the property to one of the spouses and requiring the other to pay a just and proper sum.”
— K.S.A. § 23-2802(c)(7) — 1 case
— K.S.A. § 23-2802(c)(8) — 5 cases
In re Marriage of Wood (2020)
kanctapp
“" K.S.A. 2019 Supp. 23-2802(b). On this point, Steven asserts that "disputes over the date of valuation of the marital assets are to [be] worked out in a pretrial conference.”
In re Marriage of Robinson (2021)
kanctapp
“Although each spouse has common ownership in the marital property, the extent of each party's respective interest must be determined by the district court under K.S.A. 2020 Supp. 23-2802. K.S.A. 2020 Supp.”
In re Marriage of Bowers and Potts (2023)
kanctapp
“'" In the division of assets and liabilities section of the order, the court made findings under the statutory factors set out in K.S.A. 2019 Supp. 23-2802 to govern the division of property that was not controlled by the parties' premarital agreement or various postnuptial…”
— K.S.A. § 23-2802(c)(9) — 1 case
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