Kansas Divorce Laws: What You Need to Know

Divorce isn’t a fun topic by any stretch, but unfortunately, it is a reality for many people across the country. While divorce may be inevitable for some people, financial ruin from a divorce doesn’t have to be in anyone’s future. If you take the time to understand and follow the laws of your state for your divorce, you can maintain the financial stability you built during your marriage. The laws of each state are different, so this is what you need to know if you are getting a divorce in the Sunflower State.

A financial advisor can help you with the dissolution of your marriage so you can preserve your financial future.

How to File for Divorce in Kansas

Eligibility

To file for divorce in Kansas, one or both of the spouses must have lived in the state for at least 60 days.

Grounds for Divorce in Kansas

Kansas has both no-fault and fault divorces.

A no-fault divorce means that no one has to prove wrongdoing by their partner. The only grounds for a no-fault divorce are that the two parties are incompatible and cannot reconcile. Beyond that, no reason for the break-up must be given.

Fault divorces have become far less common in recent years, but they are still available. There are several legal grounds for a fault divorce:

Failure to perform a material marital duty
Incompatibility by reason of impotency
Adultery
A female spouse’s pregnancy from another party outside the marriage
Extreme cruelty
Habitual use of alcohol or a controlled substance
Abandonment for a minimum of one year
Conviction and imprisonment for a felony
Incompatibility due to mental illness or incapacity

For the final grounds to apply, one party must prove the other has been in a mental hospital or institution for at least two years or show that another court has already ruled the other spouse to be mentally ill or incapacitated.

Process to Divorce

To start the divorce process in Kansas, one spouse must complete the required forms and file them with the county courthouse.

The form you file will include several details:

Home address for each spouse
Details of the marriage, including length
Specific grounds for divorce
Names of all minor children
Request for child support
Request for alimony

The second spouse will then be served and given a copy of the form.

An uncontested divorce may be possible if both parties agree to specific terms for the divorce, including the division of property, any alimony payments and child custody.

Sixty days after filing, a final hearing can be scheduled, wherein the judge will review your paperwork and proposed decree. If all is in order, it will be signed, and your divorce will move forward.

Sometimes, however, the parties cannot agree on terms, leading to a contested divorce. In this case, there will be a period of discovery involving gathering evidence, including financial disclosures from both parties.

The lawyers for both spouses work together to try to come to a settlement, but if one cannot be reached, a trial will be set. The judge will listen to testimony and hear evidence before making a final ruling on all relevant matters.

How to Split Up Assets During a Divorce in Kansas

Kansas is not a community property state, so marital property describes most assets and debts a couple takes on during the marriage. Separate property, which is not part of a divorce decision or settlement, is anything either spouse gets before the marriage, along with anything gotten as a gift or inheritance.

However, if the title to a piece of separate property is converted to be in both spouses’ names, it becomes marital property.

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How to Divide Property in Kansas After a Divorce

After you establish the pool of marital property, including pension assets, monetary value will be assigned to each item. Experts or accountants may be used in this process as needed.

If the couple cannot split the property up themselves, the judge will decide based on a number of factors, such as:

Age
Length of the marriage
Each spouse’s earnings and earning potential
Amount of separate property
Tax consequences
Alimony
Family responsibilities of each spouse

How to Manage Child Support and Alimony Under Kansas Divorce Laws

Two wedding bands and a gavel on a desk.

There are three types of alimony available in Kansas: temporary, short-term and long-term.

Temporary alimony lasts only the length of the trial and allows a spouse with lower earnings to pay the bills during that time.

Short-term alimony will be ordered when the supporting spouse needs time to obtain training or education to support themselves. There will usually be a set end date for this support, by which time the supported spouse is expected to have found a way to support themselves.

Long-term alimony is rare, but it can be ordered when a spouse is not expected to be able to support themselves because of issues like age, health, disabilities or some other extenuating circumstance. This spousal support does end when the supported spouse dies or remarries. Generally, alimony in Kansas can’t be granted for longer than 121 months, but that can be extended by the judge.

There is no specific formula when calculating alimony payments.

Instead, the judge will consider several factors before making a determination, including:

Length of the marriage
Each spouse’s resources
Standard of living during the marriage
Health
Contributions to the marriage
How long a spouse needs to become independent
How paying alimony will impact the paying spouse

Child support, on the other hand, is based on a formula.

The adjusted gross income (AGI) of both parents is considered, along with the amount needed for the child’s care. If one parent has primary physical custody, the other will pay child support, as it is assumed that the parent with custody pays their share directly.

401(k) and IRA and Divorce in Kansas

Your retirement account may be impacted by a divorce settlement or judgment, as you may be ordered to withdraw some of the funds to give to the other spouse.

First, the court will determine what funds are considered marital property. This is typically any money deposited into the account during the marriage, as well as any investment gains, is considered marital property and may be split in the divorce. However, money deposited prior to the marriage is considered separate property and not part of the decision.

Normally, a 401(k) early withdrawal results in taxes and penalties, but the judge can issue a Qualified Domestic Relations Order (QDRO) to avoid that. An individual retirement account (IRA) doesn’t require a QDRO, but the divorce settlement or decision must include specific language addressing withdrawals to have fees and taxes waived. The IRA administrator will then receive a copy of the final divorce decree so they can treat the account accordingly.

Once funds are withdrawn from the account, you have two options:

Deposit to an existing account. The funds could be deposited directly into either spouse’s bank account. While early withdrawal penalties will be waived, this will be subject to regular income tax. The exception is a Roth account because taxes have already been paid on those funds.
Rollover to a new account. A rollover account can also be set up to reinvest the funds for retirement. The QDRO or judge’s order may include specific information about how the money should be distributed.

Dealing with retirement savings can be one of the more complicated aspects of a divorce. This is one area where having a divorce financial advisor can be especially helpful.

Divorce and Estate Planning in Kansas

While married, you may have created an estate plan. While helpful, it may require some adjustments upon divorce.

While married, your spouse was likely designated the heir to your assets. However, you will likely need to name a new beneficiary and set up trusts if the beneficiary is a child.

Also, make sure to change the designated inheritor for all accounts, including your retirement accounts. If you have advanced medical directives or powers of attorney set up, you may need to change them unless you prefer that your ex-spouse continue to make decisions for you.

You may need to make additional arrangements if you have children. It is important to update any plans you may have in place for your children’s future should you and your spouse both die. Ensure your ex-spouse is on the same page and aware of any changes going forward.

How Divorce Affects Taxes in Kansas

Divorce changes how you file your taxes going forward.

Once a divorce is legally complete, former spouses can no longer file a joint return and must use a different filing status based on their new household. This shift can affect your taxes in several ways, including your marginal tax rate, eligibility for certain tax credits and your overall tax liability.

When you split assets during a Kansas divorce, it usually does not trigger an immediate tax bill. Property awarded to one spouse under a divorce decree typically transfers without being subject to taxes. However, the asset’s tax history carries over, meaning future gains or losses depend on when and how that asset is eventually sold.

Payments made between former spouses also follow specific tax rules. Child support is treated as a personal obligation and does not count as taxable income for the recipient. Spousal support agreements finalized under current law do not create a tax deduction for the paying spouse and do not increase taxable income for the receiving spouse.

Retirement assets require careful coordination. Court-ordered transfers allow retirement funds to transfer between spouses without early withdrawal penalties, but taxes are still owed when distributions are later taken.

The timing and structure of these withdrawals can affect long-term income and tax outcomes after the divorce.

Bottom Line

Most divorces in Kansas are done on a no-fault basis, although fault divorces do still exist for a narrow set of circumstances. Once you file for a divorce, you and your spouse will work with the court to try to come to a mutual decision regarding assets, child custody and other issues. However, if you cannot agree, a trial will be set so the judge can make a decision for you.

Financial Planning Tips

Whether you’re getting divorce, still married or single-and-loving-it, a financial planning can make sure your finances are totally in order. SmartAsset’s free tool matches you with vetted financial advisors who serve your area, and you can interview your advisor matches at no cost to decide which one is right for you. If you’re ready to find an advisor who can help you achieve your financial goals, get started now.
Kansas income tax rates have dropped in recent years, while sales taxes have slightly increased. The average sales tax rate paid in Kansas is one of the highest in the country. Property taxes are higher than the national average. A Kansas tax calculator can make filing more efficient and accurate.
Estate planning is important even if you’re young and haven’t built assets up yet. You still want to leave a clear plan for what should happen if you die – especially if you have children.