MARITAL PROPERTY—Approaches to Division. In the Matter of the Marriage of Meek and Meek, Docket No. 124,904 (Kan. S. Ct. 4.18.2025. Johnson Dist. Ct., J. Jayaram, reversed). K.S.A. 23-2601 defines separate property in a marriage. K.S.A. 23-2801(a) defines what happens to separate property when a divorce action is filed. “All property owned by married persons…shall become marital property at the time of commencement by one spouse against the other of an action in which a final decree is entered for divorce, separate maintenance, or annulment.” Plain statutory language generally trumps judicial decisions and the parties’ policy preferences. As such, “future references by courts in Kansas to either the ‘analytical approach’ or the ‘mechanical approach’ are disapproved” in determining how to divide marital property. The factors in K.S.A. 23-2802(c) are to be considered. They are not a direct match to the “analytical approach” factors. According to the Court of Appeals, “all property owned by both spouses is subject to equitable division under what is described as the ‘mechanical approach’, regardless of the source of income. The “analytical approach” allows courts to analyze the nature and underlying reasons for compensation in determining how to classify property…all this having to do with whether a personal injury damage award to wife was marital property subject to division by the court.“Per the plain statutory text, all property of married persons becomes marital property upon commencement of divorce proceedings in which a court enters a final decree of divorce.”
The Kansas Supreme Court today announced that new child support guidelines, 2025-RL-037, will be effective May 1, 2025. They revise language related to the Direct Expense Formula by clarifying the manner in which support is calculated thereunder. 2024-Child-Support-Guidlines-revisions-May-2025.pdf