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Factors in Determining Division of Assets/Property in Divorce

In Kansas, the Court exercises its discretion when dividing the net worth of the parties, and considers the following factors set forth by the Kansas Legislature:

1. Ages of the parties;

2. Duration of the marriage:

3. Property owned by the parties;

4. Present and future earnings;

5. Time, source, and manner of acquisition of property;

6. Family ties and obligations;

7. Allowance of disallowance of maintenance;

8. Dissipation of assets;

9. Tax consequences of division; and

10. Any other factors the court considers relevant and/or necessary to make an equitable division.

In Missouri, Courts must consider all of the following factors in determining a fair division of property:

1. The spouses' economic circumstances (meaning, their current finances and future prospects for income based on their ability to earn) at the time of the dissolution (divorce);

2. Whether and how much each spouse contributed to the acquisition of property;

3. The value of either spouse's non-marital property;

4. The spouses' behavior during the marriage (dissipation of marital assets); and

5. Custodial arrangements for any minor children.