Marital property is generally property that is acquired during marriage, is jointly owned by the spouses, and is subject to division upon divorce—whether the spouses reside in (1) an equitable distribution or common law property state or (2) in a community property state.

Marital property is distinct from separate property, which is generally property that a spouse acquired before marriage—or acquired by gift or inheritance during marriage—and is not subject to division upon divorce.

Community property states generally include Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. In these states, divorce courts generally start with the presumption that the marital property is owned equally by the spouses and will be divided equally upon divorce.

In other states—so-called equitable distribution or common law property states—the divorce court attempts to divide the spouses’ assets equitably (fairly) and may consider a spouse’s separate property in deciding to make an unequal division of the spouses’ marital property.

In practice, the difference between the division of assets in community property states and in equitable distribution states is sometimes not as great as it may seem, as the court in a community property state may have the discretion to divide the spouses’ community property on a 60-40, 70-30, or other unequal basis.

In Kansas, which is not a community property state, the division of property during a divorce follows the rules of equitable distribution. This means that marital property, which includes assets and debts acquired during the marriage, is divided in a manner that the court deems fair, but not necessarily equally. Factors such as the length of the marriage, the financial situation of each spouse, contributions to the marriage, and future needs are considered. Separate property, being that which was owned prior to the marriage or received as a gift or inheritance, is typically not subject to division. However, the appreciation in value of separate property may be considered marital property if it resulted from the efforts of either spouse during the marriage. It's important to note that equitable does not always mean equal, and the division of assets can result in a variety of distributions based on the court's assessment of what is fair under the circumstances.