Kansas Marital Settlement Agreement
A Kansas marital settlement agreement lets divorcing spouses divide their property, set maintenance, and address custody and child support, then have those terms incorporated into the divorce decree. Attorney review available.
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Introduction
In Kansas the marital settlement agreement is often called a separation agreement, the written document divorcing spouses use to settle property division, spousal support, and (by reference) custody and child support, and the court incorporates it into the divorce decree once it finds the terms valid, just and equitable (K.S.A. 23-2712). In Kansas this document is often called a separation agreement, and when the court finds it valid, just and equitable it is incorporated into the divorce decree (K.S.A. 23-2712). Kansas is an equitable distribution state: the court divides the property of the parties in a just and reasonable manner that is fair but not necessarily equal, weighing the factors in K.S.A. 23-2802, and a marital settlement agreement lets the spouses set that division themselves. Kansas has no statewide formula for the amount of spousal support; a court sets maintenance in an amount it finds fair, just and equitable under all of the circumstances (K.S.A. 23-2902), and by statute may not award maintenance for a period longer than 121 months (K.S.A. 23-2904). Some Kansas judicial districts publish a local maintenance guideline formula, but that is a local court practice, not a statewide statute. Custody and child support follow the Kansas Child Support Guidelines adopted by the supreme court (K.S.A. 23-3002), stay subject to court approval, and remain modifiable, so an agreement cannot bargain them away. DocDraft builds your Kansas marital settlement agreement from your facts, with attorney review available before you sign.
Key Things to Know
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In Kansas, where a divorce court can divide all of the spouses' property, including retirement plans and property owned before the marriage, a marital settlement agreement is the written contract spouses use to settle that property and debt division, spousal support, and by reference custody and child support for the divorce decree that ends the marriage.
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Kansas is an equitable distribution state: the court divides the property of the parties in a just and reasonable manner (K.S.A. 23-2802). The division must be fair but not necessarily equal, and a marital settlement agreement lets the spouses set that division themselves.
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Kansas divides all property of the parties, including retirement and pension plans and property owned before the marriage or acquired individually afterward (K.S.A. 23-2802). The court weighs factors such as the length of the marriage, each party earning capacity, and how property was acquired.
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Kansas has no statewide formula for the amount of maintenance. A court sets an amount it finds fair, just and equitable under all of the circumstances (K.S.A. 23-2902). Some judicial districts publish a local maintenance guideline formula, but that is a local practice, not a statewide statute.
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Kansas caps the duration of maintenance by statute: a court may not award maintenance for a period longer than 121 months (K.S.A. 23-2904). Any reinstated period is likewise limited to no more than 121 months.
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Child support follows the Kansas Child Support Guidelines adopted by the supreme court (K.S.A. 23-3002). Custody and child support stay subject to court approval and remain modifiable in the best interests of the children and cannot be bargained away.
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When the court finds a Kansas separation or marital settlement agreement valid, just and equitable, the agreement is incorporated into the divorce decree (K.S.A. 23-2712). Once incorporated, matters other than those concerning the children generally cannot be changed without the consent of the parties.
Key decisions before you file
Before you file a Marital Settlement Agreement in Kansas, a few decisions shape the document: which option to choose and what each one means. The Marital Settlement Agreement guide walks through them.
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Kansas Requirements for Marital Settlement Agreement
Equitable Distribution, Just and Reasonable
Kansas is an equitable distribution state. The court divides the property of the parties in a just and reasonable manner (K.S.A. 23-2802). The division must be fair but not necessarily an equal 50/50 split, and a marital settlement agreement lets the spouses set that division themselves.
All Property Is Divisible
Kansas divides all property of the parties, including retirement and pension plans and property owned before the marriage or acquired individually afterward (K.S.A. 23-2802). The court weighs factors such as the length of the marriage, each party earning capacity, and how the property was acquired.
No Statewide Maintenance Formula
Kansas has no statewide formula for the amount of maintenance. A court sets an amount it finds fair, just and equitable under all of the circumstances (K.S.A. 23-2902). Some judicial districts publish a local maintenance guideline formula, but that is a local practice, not a statewide statute.
Maintenance Capped at 121 Months
Kansas caps the duration of maintenance by statute. A court may not award maintenance for a period of time longer than 121 months (K.S.A. 23-2904), and any reinstated period is likewise limited to no more than 121 months.
Child Support Follows the Guidelines
Child support follows the Kansas Child Support Guidelines adopted by the supreme court (K.S.A. 23-3002). Parties may agree on an amount, but only subject to court approval, and child support cannot be bargained away.
Custody and Child Support Stay Modifiable
Custody and child support terms in a Kansas marital settlement agreement remain subject to court approval and can be modified later in the best interests of the children. Kansas law lets the court revisit matters concerning the children even after an agreement is incorporated into the decree.
In Writing and Signed
A Kansas marital settlement agreement must be in writing and signed by both spouses. No statute was found that requires the agreement itself to be notarized when both spouses take part in the case, but signing before a notary can help prove the signatures are genuine.
Incorporation Into the Decree
When the court finds the agreement valid, just and equitable, it is incorporated into the divorce decree (K.S.A. 23-2712). Once incorporated, matters other than those concerning the children generally cannot be changed without the consent of the parties.