Kansas
Legal Separation in Kansas: Separate Maintenance Laws (2026)
Independently fact-checked against primary sources (last audited October 10, 2026). · 16 primary sources cited on this page. How we verify our legal content
Kansas does not use the term "legal separation," but it offers the same kind of relief under another name: separate maintenance. Under K.S.A. 23-2701(a), the district court "shall grant a decree of divorce or separate maintenance" on the same three grounds, and a separate-maintenance decree can divide property and set support, custody and parenting time.
Information last verified on 2026-10-10. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers separate maintenance in Kansas under Article 27 of chapter 23 of the Kansas Statutes Annotated (mainly K.S.A. 23-2701, 23-2703, 23-2705 to 23-2708, 23-2711 and 23-2712) and the property and maintenance sections 23-2801, 23-2802 and 23-2902. It does not cover maintenance amounts or duration, child support calculations, inheritance, remarriage, tax effects, or other states' law. For divorce, see Kansas divorce laws.
Can you get a legal separation in Kansas?
Yes, through an action for separate maintenance. The chapter 23 table of contents does not list an action called "legal separation"; the term the statutes use is separate maintenance, and it sits in Article 27, Dissolution of Marriage, next to divorce and annulment.
K.S.A. 23-2701(a) provides: "The district court shall grant a decree of divorce or separate maintenance for any of the following grounds: (1) Incompatibility; (2) failure to perform a material marital duty or obligation; or (3) incompatibility by reason of mental illness or mental incapacity of one or both spouses."
Separate maintenance lets a court make orders on property, support and children without granting a divorce. K.S.A. 23-2711(a)(1) lists separate maintenance, along with divorce and annulment, among the orders "changing or terminating the parties' marital status." The sections cited here do not spell out how a separate-maintenance decree affects remarriage or inheritance, and this page does not cover those effects.
Grounds for separate maintenance in Kansas
The grounds are the same as for divorce (K.S.A. 23-2701(a)):
- Incompatibility.
- Failure to perform a material marital duty or obligation.
- Incompatibility by reason of mental illness or mental incapacity of one or both spouses. K.S.A. 23-2701(b) sets extra conditions for this ground: either confinement of the spouse in an institution by reason of mental illness for two years (which need not be continuous), or an adjudication of mental illness or mental incapacity made while the spouse is confined in an institution by reason of mental illness, plus a finding by at least two of three physicians appointed by the court that the spouse has a poor prognosis for recovery.
Living apart for a set period is not one of the listed grounds.
Residency and waiting periods
K.S.A. 23-2703(a) provides that "The petitioner or respondent in an action for divorce must have been an actual resident of the state for 60 days immediately preceding the filing of the petition." K.S.A. 23-2708 provides that "An action for divorce shall not be heard until 60 days after the filing of the petition unless the judge enters an order declaring the existence of an emergency."
Both sections are worded for an action for divorce and do not mention separate maintenance. This page does not cover whether Kansas courts apply either one to a separate-maintenance case. Ask the district court clerk or a Kansas lawyer before filing.
Filing for separate maintenance
Under K.S.A. 23-2704, the petition must be verified by the petitioner and allege the grounds in the general language of the statute. The other spouse may answer, and K.S.A. 23-2705 provides that "The respondent may answer and may also file a counterclaim for divorce, annulment or separate maintenance." A separate-maintenance case can therefore end with a divorce decree if the respondent counterclaims for divorce and the court grants it.
The Kansas Judicial Branch Self-Help Center publishes divorce forms and checklists; its divorce page does not have a separate-maintenance entry. Statewide forms are listed on the Find Court Forms page.
What a Kansas court can order in separate maintenance
| Order | What the statute provides | Statute |
|---|---|---|
| Property division | The decree divides the real and personal property of the parties, using the factors in 23-2802(c). Marital property vests on commencement of an action that ends in a final decree for divorce, separate maintenance or annulment. | K.S.A. 23-2711(a)(2); 23-2801; 23-2802 |
| Maintenance (spousal support) | An award to either party, lump sum or periodic, in an amount the court finds fair, just and equitable; modifiable or terminable as the decree prescribes. | K.S.A. 23-2902 |
| Children | Child support, legal custody, residency and parenting time under a parenting plan. | K.S.A. 23-2711(a)(4), (5) |
| Costs and fees | Costs and attorney fees. | K.S.A. 23-2711(a)(7); 23-2715 |
| Temporary orders while the case is pending | Restraining disposal of property, use and occupancy of property, no molesting or electronic tracking, custody and support, mediation, fees. | K.S.A. 23-2707(a) |
For how maintenance is set, see Kansas alimony laws. For custody and parenting plans, see Kansas child custody laws, and for support see Kansas child support laws.
If the court denies separate maintenance for lack of grounds, K.S.A. 23-2706 still requires it, "if application is made by one of the parties," to make the orders authorized by articles 28, 29, 30 and 32, which cover property, maintenance, child support and custody.
Separation agreements
Spouses can settle the case by agreement. Under K.S.A. 23-2712, a separation agreement the court finds valid, just and equitable is incorporated into the decree. Terms other than those about children cannot later be modified except as the agreement itself prescribes or the parties consent. Terms on custody, parenting time, child support or the children's education remain subject to the court's control.
Turning separate maintenance into a divorce
The Kansas sections cited here do not set a procedure for converting a separate-maintenance decree into a divorce after a period of time. In a pending case, the respondent can counterclaim for divorce under K.S.A. 23-2705. This page does not cover how a spouse moves from a final separate-maintenance decree to a divorce; ask a Kansas lawyer or the court's self-help center.
Disclaimer: This article provides general legal information about separate maintenance under the Kansas Statutes Annotated, verified on 2026-10-10. It is not legal advice. For advice about a specific situation, consult a lawyer licensed in Kansas or use the Kansas Judicial Branch Self-Help Center.
Related
- Legal separation laws in every state
- Kansas divorce laws
- Kansas alimony laws
- Kansas child custody laws
- Kansas child support laws
Last updated: 2026-10-10.
Frequently Asked Questions
Does Kansas have legal separation?
Yes, under the name separate maintenance. K.S.A. 23-2701(a) directs the district court to grant a decree of divorce or separate maintenance on the grounds it lists.
What are the grounds for separate maintenance in Kansas?
The same as divorce under K.S.A. 23-2701(a): incompatibility, failure to perform a material marital duty or obligation, or incompatibility by reason of mental illness or mental incapacity, which has extra conditions in 23-2701(b).
Is there a residency requirement for legal separation in Kansas?
K.S.A. 23-2703(a) sets a 60-day residency rule worded for an action for divorce. This page does not cover whether courts apply it to separate maintenance, so ask the district court clerk or a Kansas lawyer.
Can a Kansas court divide property in a legal separation?
Yes. A separate-maintenance decree can make an equitable division of property under K.S.A. 23-2711(a)(2) and 23-2802, and marital property vests when an action that ends in a separate-maintenance decree is commenced (23-2801).
Can I get spousal support without a divorce in Kansas?
A separate-maintenance decree can award maintenance to either party in an amount the court finds fair, just and equitable under K.S.A. 23-2902. Even if separate maintenance is denied for lack of grounds, 23-2706 requires support and property orders on a party's application.
Can my spouse ask for a divorce if I file for separate maintenance in Kansas?
Yes. K.S.A. 23-2705 lets the respondent file a counterclaim for divorce, annulment or separate maintenance in the same case.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Kansas Statutes Annotated, Chapter 23: KANSAS FAMILY LAW CODE-REVISED
§ 23-2701Grounds for divorce or separate maintenance.In forcecited in 3 of our articles
(a) The district court shall grant a decree of divorce or separate maintenance for any of the following grounds: (1) Incompatibility; (2) failure to perform a material marital duty or obligation; or (3) incompatibility by reason of mental illness or mental incapacity of one or both spouses. (b) The ground of incompatibility by reason of mental illness or mental incapacity of one or both spouses shall require a finding of either: (1) Confinement of the spouse in an institution by reason of mental illness for a period of two years, which confinement need not be continuous; or (2) an adjudication of mental illness or mental incapacity of the spouse by a court of competent jurisdiction while the spouse is confined in an institution by reason of mental illness. In either case, there must be a finding by at least two of three physicians, appointed by the court before which the action is pending, that the mentally ill or mentally incapacitated spouse has a poor prognosis for recovery from the mental illness or mental incapacity, based upon general knowledge available at the time.
Official text (excerpt) · last checked 2026-09-05 · Read the full text in our law library · Verify at ksrevisor.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- In re Marriage of Towle and LeGare (Court of Appeals of Kansas 2019, 56 Kan. App. 2d 857)“…ll. 260, 264-65, 124 N.E. 521 (1919). Under K.S.A. 23-2701 and K.S.A. 23-2706, both the grounds an…”
- In re Marriage of Elfgren and Hendrickson (Court of Appeals of Kansas 2024)“…which is governed by Articles 27 and 28, respectively. See K.S.A. 23-2701 et seq.; K.S.A. 23-2801 et seq.…”
- In re Marriage of Vaughan (Court of Appeals of Kansas 2015)“…orts an order of attorney fees and costs in an action under K.S.A. 23-2701 et seq., the general statute dealing wi…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kansas Divorce Laws (2026): Grounds, Residency, and Process, Common Law Marriage in Kansas: Is It Recognized? (2026)
§ 23-2711Decree; authorized orders.In forcecited in 2 of our articles
(a) A decree in an action under article 27 of chapter 23 of the Kansas Statutes Annotated, and amendments thereto, may include orders on the following matters: (1) An order changing or terminating the parties' marital status by divorce, annulment or separate maintenance; (2) an order making an equitable division of the parties' property as authorized by article 28 of chapter 23 of the Kansas Statutes Annotated, and amendments thereto; (3) an order regarding spousal support as authorized by article 29 of chapter 23 of the Kansas Statutes Annotated, and amendments thereto; (4) an order for child support as authorized by article 30 of chapter 23 of the Kansas Statutes Annotated, and amendments thereto; (5) an order allocating parental decision-making and entering a parenting plan as authorized by article 32 of chapter 23 of the Kansas Statutes Annotated, and amendments thereto; (6) an order changing one or both parties' names as authorized by K.S.A. 23-2716, and amendments thereto; and (7) an order awarding costs and attorneys fees to either party under K.S.A. 23-2715, and amendments thereto. (b) The provisions of this section shall be construed and applied retroactively.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
Also relied on in: Kansas Annulment Laws: Grounds, Deadlines and How to File (2026)
§ 23-2706Granting of decree mandatory; exceptions; denial of relief; orders authorized.In forcecited in 2 of our articles
The court shall grant a requested decree of divorce, separate maintenance or annulment unless the granting of the decree is discretionary under this act or unless the court finds that there are no grounds for the requested alteration of marital status. If a decree of divorce, separate maintenance or annulment is denied for lack of grounds, the court shall nevertheless, if application is made by one of the parties, make the orders authorized by articles 28, 29, 30 and 32 of chapter 23 of the Kansas Statutes Annotated, and amendments thereto.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
§ 23-2707Interlocutory orders; permissible orders; ex parte orders; support orders; service of process.In force
(a) Permissible orders. After the filing of a petition for divorce, annulment or separate maintenance, and during the pendency of the action until the entry of final judgment the judge assigned to hear the action may, without requiring bond, make, modify, vacate and enforce by attachment, orders that: (1) Jointly restrain the parties with regard to disposition of the property of the parties and provide for the use, occupancy, management and control of that property, including, but not limited to, utilizing any electronic tracking system or acquiring tracking information to determine the other person's location, movement or travel patterns; (2) restrain the parties from molesting or interfering with the privacy or rights of each other, including, but not limited to, utilizing any electronic tracking system or acquiring tracking information to determine the other person's location, movement or travel patterns; (3) provide for the legal custody and residency of and parenting time with the minor children and the support, if necessary, of either party and of the minor children during the pendency of the action; (4) require mediation between the parties on issues, including, but not…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
§ 23-2712Separation agreement.In forcecited in 2 of our articles
(a) If the parties have entered into a separation agreement which the court finds to be valid, just and equitable, the agreement shall be incorporated in the decree. A separation agreement may include provisions relating to a parenting plan. The provisions of the agreement on all matters settled by it shall be confirmed in the decree except that any provisions relating to the legal custody, residency, visitation parenting time, support or education of the minor children shall be subject to the control of the court in accordance with all other provisions of this article. (b) Matters settled by an agreement incorporated in the decree, other than matters pertaining to the legal custody, residency, visitation, parenting time, support or education of the minor children, shall not be subject to subsequent modification by the court except: (1) As prescribed by the agreement; or (2) as subsequently consented to by the parties.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- In re Marriage of Rrapaj (Court of Appeals of Kansas 2024)“…nt for validity, justness, and equitability, as required by K.S.A. 23-2712(a). Irena counters that Leonard neglect…”
- In re Marriage of Finch (Court of Appeals of Kansas 2025)“…orders. To begin, Joshua is correct that K.S.A. 23-2712(b) prohibits a court from modifying the…”
- In re Marriage of Obembe and Grammatikopoulou – Isherwood – Affirmed – Shawnee (Court of Appeals of Kansas 2023)“…In that case, Brautman argued that the plain language of K.S.A. 23-2712(b) vested the district court with "juri…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kansas Spousal Maintenance (Alimony) Laws: How It Works (2026)
§ 23-2802Division of property.In force
(a) A decree under K.S.A. 23-2711, and amendments thereto, shall divide the real and personal property of the parties, including any retirement and pension plans, whether owned by either spouse prior to marriage, acquired by either spouse in the spouse's own right after marriage or acquired by the spouses' joint efforts, by: (1) A division of the property in kind; (2) awarding the property or part of the property to one of the spouses and requiring the other to pay a just and proper sum; or (3) ordering a sale of the property, under conditions prescribed by the court, and dividing the proceeds of the sale. (b) Upon request, the trial court shall set a valuation date to be used for all assets at trial, which may be the date of separation, filing or trial as the facts and circumstances of the case may dictate. The trial court may consider evidence regarding changes in value of various assets before and after the valuation date in making the division of property. In dividing defined-contribution types of retirement and pension plans, the court shall allocate profits and losses on the nonparticipant's portion until date of distribution to that nonparticipant.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
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Sources and References
- K.S.A. 23-2701, Grounds for divorce or separate maintenance (Kansas Revisor of Statutes)(ksrevisor.gov).gov
- Kansas Statutes, Chapter 23 table of contents (Kansas Revisor of Statutes)(ksrevisor.gov).gov
- K.S.A. 23-2711, Decree contents (Kansas Revisor of Statutes)(ksrevisor.gov).gov
- K.S.A. 23-2703, Residence requirements (Kansas Revisor of Statutes)(ksrevisor.gov).gov
- K.S.A. 23-2708, Time of hearing (Kansas Revisor of Statutes)(ksrevisor.gov).gov
- K.S.A. 23-2704, Petition (Kansas Revisor of Statutes)(ksrevisor.gov).gov
- K.S.A. 23-2705, Answer and counterclaim (Kansas Revisor of Statutes)(ksrevisor.gov).gov
- Kansas Judicial Branch Self-Help Center: Divorce, Parenting Time, and Parentage(self-help.kscourts.gov).gov
- Kansas Judicial Branch Self-Help Center: Find Court Forms(self-help.kscourts.gov).gov
- K.S.A. 23-2801, Marital property (Kansas Revisor of Statutes)(ksrevisor.gov).gov
- K.S.A. 23-2802, Division of property (Kansas Revisor of Statutes)(ksrevisor.gov).gov
- K.S.A. 23-2902, Maintenance (Kansas Revisor of Statutes)(ksrevisor.gov).gov
- K.S.A. 23-2715, Costs and fees (Kansas Revisor of Statutes)(ksrevisor.gov).gov
- K.S.A. 23-2707, Interlocutory orders (Kansas Revisor of Statutes)(ksrevisor.gov).gov
- K.S.A. 23-2706, Orders when decree denied (Kansas Revisor of Statutes)(ksrevisor.gov).gov
- K.S.A. 23-2712, Separation agreements (Kansas Revisor of Statutes)(ksrevisor.gov).gov