Marital Settlement Agreement (No Children) - Kansas

KANSAS MARITAL SETTLEMENT AGREEMENT (NO CHILDREN)

1. Parties, Case, and Filing Gate

This proposed agreement is made on [__/__/____] between:

K.S.A. 23-2703 requires either the petitioner or respondent to have been an actual Kansas resident for the 60 days immediately preceding filing. K.S.A. 23-2708 provides that a divorce action is not heard until 60 days after the petition is filed unless the judge enters the statute's detailed emergency order.

☐ Counsel has confirmed the residence, venue, filing, service, and hearing route.

☐ The parties state that no minor child requires custody, parenting-time, support, or education provisions in this action.

☐ Pregnancy, parentage, adult-dependent-child, or other child-related issues requiring separate review: [________________________________].

2. Ground and Court-Review Gate

K.S.A. 23-2701 permits divorce or separate maintenance on the ground of incompatibility, failure to perform a material marital duty or obligation, or the statute's mental-illness or mental-incapacity route.

Ground alleged or reserved for petition drafting: [________________________________]

Under K.S.A. 23-2712(a), this agreement is incorporated into the decree only if the court finds it valid, just, and equitable. The parties request incorporation, but their signatures do not replace that judicial finding.

Requested treatment in the decree: [________________________________]

3. Disclosure and Valuation Record

Each spouse identifies the disclosures and valuation materials reviewed before signing.

☐ Petitioner received and reviewed Respondent's identified materials.

☐ Respondent received and reviewed Petitioner's identified materials.

Reserved disclosure, valuation, tracing, lien, or tax issue: [________________________________]

4. Property Classification and Division Proposal

K.S.A. 23-2801 provides that all property owned by married persons becomes marital property when one spouse commences against the other an action in which a final decree is entered for divorce, separate maintenance, or annulment. The statute expressly includes the present value of vested or unvested military retirement pay and marketable professional goodwill within its stated scope.

K.S.A. 23-2802 permits division in kind, an award to one spouse with a just and proper payment, or a court-ordered sale and division of proceeds. The court considers the statutory factors, including age, marriage duration, property, earning capacities, acquisition, family obligations, maintenance, dissipation, tax consequences, and other factors needed for a just and reasonable division.

Real Property

Vehicles and Personal Property

Financial, Retirement, and Business Interests

Property omitted from division or expressly reserved: [________________________________]

Counsel-selected deeds, titles, qualified domestic relations orders, plan documents, lender approvals, or other transfer instruments: [________________________________]

5. Beneficiary Designations

K.S.A. 23-2802(d) requires the decree to address changes in specified insurance, annuity, trust, transfer-on-death, and payable-on-death beneficiary designations. The statute also states that the parties must file the required change with the insurer or issuer under the instrument's terms.

6. Debt Allocation Proposal

Creditor release, assumption, refinance, security, or enforcement document identified by counsel: [________________________________]

Debt or contingent obligation reserved: [________________________________]

7. Maintenance Proposal

K.S.A. 23-2902 permits a decree to award either party maintenance in an amount the court finds fair, just, and equitable. Maintenance may be a lump sum, periodic payments, a percentage of earnings, or another basis, and the decree may prescribe circumstances making future payments modifiable or terminable.

☐ No maintenance requested. Each party asks the court to enter the no-maintenance term after legal review.

☐ Maintenance requested. [________________________________] will pay [________________________________] as follows:

K.S.A. 23-2904 states that the court may not award maintenance for more than 121 months. Any requested reinstatement requires a reservation in the original decree, a motion filed before the stated payment period expires, and a hearing; no single reinstatement period may exceed 121 months.

☐ The proposed decree will not reserve reinstatement authority.

☐ The proposed decree will reserve reinstatement authority as follows: [________________________________].

K.S.A. 23-2712(b) states that a nonchild matter settled by an incorporated agreement is not later modifiable by the court except as the agreement prescribes or the parties later consent. K.S.A. 23-2903 separately permits modification, after reasonable notice and a hearing, of maintenance not yet due, but prohibits an increase or acceleration beyond the original decree without the liable party's consent.

Requested maintenance-modification language for the decree: [________________________________]

No death, remarriage, cohabitation, tax, insurance, or other terminating event is automatic under this form. Counsel must state each intended condition in the proposed decree using current applicable authority.

8. Tax, Insurance, and Estate-Planning Deal Points

These items require separate tax, insurance, benefits, and estate-planning review. This agreement does not prescribe their legal effect.

9. Costs, Attorney Fees, and Name Request

K.S.A. 23-2715 permits the court to award costs and attorney fees to either party as justice and equity require.

Parties' proposed allocation, subject to court authority: [________________________________]

Under K.S.A. 23-2716, the court shall restore a spouse's former name on request and may change a spouse's name to a different name on request. The court has jurisdiction to act at or after the decree becomes final.

☐ Petitioner requests restoration of the former name: [________________________________].

☐ Petitioner requests a different name: [________________________________].

☐ Respondent requests restoration of the former name: [________________________________].

☐ Respondent requests a different name: [________________________________].

☐ No name request is included.

10. Incorporation, Modification, and Reserved Terms

The parties request that the court review this completed agreement under K.S.A. 23-2712 and incorporate only the terms the court finds valid, just, and equitable.

Terms the parties expressly prescribe as modifiable: [________________________________]

Terms the parties expressly prescribe as nonmodifiable, subject to legal review: [________________________________]

Claims, property, debts, or remedies expressly preserved: [________________________________]

Additional proposed decree language / exhibits: [________________________________]

No general release in this form is intended to waive an undisclosed asset, an omitted property interest, a creditor's rights, a child-related matter, a court's authority, or a mandatory procedure. Counsel must draft any narrower release or waiver requested by the parties.

11. Signatures

Each signing spouse states that the completed schedules reflect that spouse's proposal, that the spouse has had the opportunity for independent Kansas legal review, and that the spouse understands court review and a decree are required for incorporation under K.S.A. 23-2712.

Petitioner

Signature: ________________________________________

Printed name: [________________________________]

Date: [__/__/____]

Respondent

Signature: ________________________________________

Printed name: [________________________________]

Date: [__/__/____]

Counsel / Reviewer

Signature: ________________________________________

Printed name / Kansas Bar No.: [________________________________]

Date: [__/__/____]

Additional acknowledgment, verification, or filing execution required by counsel or the court: [________________________________]

Sources and References

• K.S.A. 23-2701 — Grounds for divorce or separate maintenance
• K.S.A. 23-2703 — Residence
• K.S.A. 23-2708 — Time for hearing
• K.S.A. 23-2712 — Separation agreement
• K.S.A. 23-2715 — Costs and attorney fees
• K.S.A. 23-2716 — Restoration or other change of name
• K.S.A. 23-2801 — Marital property
• K.S.A. 23-2802 — Division of property
• K.S.A. 23-2902 — Maintenance
• K.S.A. 23-2903 — Modification of maintenance
• K.S.A. 23-2904 — Retroactivity and reinstatement
• 2025 Session Laws of Kansas, Volume 2 — amended/repealed index
• 2026 Session Laws of Kansas, Volume 2 — amended/repealed index