Kansas Property Division Lawyer Assists With Equitable Distribution

Wichita attorney fights to protect a spouse’s fair share of marital assets

Division of marital property can be one of the most contentious issues during a divorce. In Kansas, marital property is subject to equitable distribution, which means assets and debts are divided fairly, but not necessarily equally. At David A. Hawley, P.A., I have 25 years of experience helping divorcing spouses protect their property rights so they can start the next stage of their lives on a solid financial footing. I take a detail-oriented approach, accounting for every item of value and all factors that weigh in my client’s favor. Based in Andover, I represent residents of the greater Wichita area and beyond.

The differences between marital and separate property in Kansas

In Kansas, only marital property is subject to equitable distribution. Marital property includes assets acquired during marriage regardless of title, such as homes, vehicles, retirement accounts and debts. By contrast, separate property remains with the original owner. This consists of pre-marital assets, non-spousal gifts and inheritances during the marriage or personal injury awards. 

Commingling of assets can convert separate property to marital. This often occurs when individual spouses deposit separate funds into a joint account or use them for making joint purchases. A spouse can also acquire an equitable interest in the other’s separate property, such as a business, when they perform uncompensated work that adds to the asset’s value. Tracing the origin of commingled assets is possible if detailed financial records are available. 

How the process of distributing property works

During a divorce, spouses are required to disclose their property interests. Property consists of assets and debts. A value must be assigned to each item. In an uncontested divorce, couples negotiate a property settlement and submit it for court approval. In a contested divorce, disputes can arise as to whether property is separate or marital and as to what is the correct value. This can require assistance by forensic accountants or professional appraisers. The court must resolve disputes based on competent evidence. The final step is an award of a fair percentage of the estate to each spouse. 

Factors that impact equitable distribution

To determine each spouse’s fair share of marital assets, courts consider several statutory factors, such as:

• Length of the marriage 
• Each spouses’ ages and health
• Each spouse’s earning capacity 
• Contributions to the accumulation and dissipation of assets 
• Contributions to the home

Economic misconduct, such as attempting to hide assets, can influence property awards, as well as alimony. 

Creative solutions to problematic assets

Division of certain assets, like businesses or retirement funds, often require special care. For a family-owned business enterprise, one spouse may be allowed to retain control through a buyout or some form of co-ownership may be arranged. For certain retirement accounts, a qualified domestic relations order (QDRO) maybe required in order to avoid early-withdrawal taxes and penalties. Deferred compensation or trusts may need expert valuation. I employ strategies to minimize dissipation and protect your wealth.

Why legal experience matters in property division disputes

Equitable distribution, especially for affluent couples with diverse assets, requires experienced counsel. There may be warning signs of hidden assets or fraudulent transfers. Mistakes can result in the undervaluation of assets or unfair splits. I am skilled in discovering assets and securing accurate accountings, in order to prevent unjust results and to minimize costly court time.

Contact an experienced Wichita divorce lawyer for reliable property division 

At David A. Hawley, P.A. in Andover, I help divorcing spouses in the greater Wichita area obtain fair property settlements and distribution orders. Call me today at 316-469-6809 or contact me online to arrange a consultation.