Divorce Alimony in Kansas

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In this state, alimony (spousal support) is called 'maintenance'. There are several counties in Kansas that have developed guideline formulae for computation of the amount and duration of maintenance.

Guidelines regarding Divorce Kansas Alimony

The court takes into account the following guidelines while determining the amount of alimony.

  • If the court concludes that a specific spouse is failing to maintain the standard of living that this spouse was experiencing in marital life, the court awards alimony to this spouse
  • The duration of the marital life has a definite effect on the amount of alimony. As per the courts in this state, a long marriage life is that which has lasted for more than 10 to 12 years
  • The court gives due consideration to the grounds of divorce. If the court concludes that the spouse seeking alimony has been guilty of marital misconduct that has led to the divorce, then this conclusion has an impact on the determination of alimony
  • The capacity of the spouses to earn money is of considerable importance. The court considers and compares the current income as well as the income generating potential in the future of both the spouses
  • The court compares the assets of both the partners. After the distribution of property in the divorce proceedings, the amount of property owned by these partners is a crucial factor to finalize the amount of spousal support
  • The age of both the partners is also a vital factor in the decision regarding maintenance
    • If the age of one of the partners is such that it is impractical for this partner to become employed to fulfill own requirements, then such a partner is given maintenance
    • Let us assume that the payer spouse is economically strong. However, this spouse is on the verge of retirement. Then, the alimony is awarded for a specific number of months or years
The Kansas Statutes of Chapter 60 in Article 16 - Subject 1610 addresses the topic regarding the guidelines for determination of alimony.

Highlights of Divorce Kansas Alimony

  • Depending on the financial circumstances of the spouses, the court decides whether alimony should be paid as a lump sum or on a periodic basis or as a percentage of the earning of the payer
  • The court has full discretion regarding the amount and period of alimony payment. After due consideration of all circumstances, the court decides an equitable, just and fair alimony plan
  • Generally, alimony is not paid for a period exceeding 121 months
  • The recipient of alimony can request the court to consider the individual circumstances and extend the above mentioned period of alimony
  • Let us consider that the original decree comprises of provisions that empowers the court to hear subsequent motions. It is expected that the divorced spouse may file such motions prior to the completion of the period of 121 months. During such a motion, the court can extend the period of alimony to a maximum of 121 more months

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