Defendant's Attorney:

Description: Olathe, Kansas family law lawyers represented the parties in a divorce.

Nancy Karanja-Meek and Aaron Meek were married. While married, Aaron suffered severe work-related injuries from an explosion. Both Aaron and Nancy were awarded separate personal injury awards as part of a settlement. These awards were large lump-sum payments with the remaining amounts placed in annuities with guaranteed payments until 2045. Nancy's personal injury award was for loss of consortium. Nancy filed for divorce a little over two years later.

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Legal issue Is a court required to use the mechanical approach, instead of the analytical approach, to classify personal injury awards as marital property during divorce proceedings in Kansas?
Headnote

FAMILY LAW. DIVISION OF MARITAL PROPERTY. The case addresses whether personal injury annuities received during marriage are considered marital property subject to equitable division in divorce proceedings under Kansas law, and examines whether the "mechanical approach" or "analytical approach" should be applied in such determinations.

APPELLATE PROCEDURE. ISSUE PRESERVATION. The court considered whether filing a motion to alter or amend a judgment is required to preserve legal issues for appellate review, ultimately ruling that a party need only raise a legal issue at the district court level to preserve it.

STATUTORY INTERPRETATION. PROPERTY DIVISION IN DIVORCE. The court emphasized the application of plain statutory language over judicially created approaches for the classification and division of property, affirming that all property of married persons becomes marital property upon the commencement of divorce proceedings, as per K.S.A. 23-2801.

Key Phrases Marital property. Equitable division. Community property laws. Separate property. Personal injury awards.

Outcome: Reversed

Plaintiff's Experts:

Defendant's Experts:

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