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Spousal support, commonly called alimony or spousal maintenance, can take different forms depending on the circumstances of the divorce. Kansas courts have authority to award support in ways that best fit the parties’ situations, and understanding the different types of alimony helps you anticipate what might apply to your case. Two forms that sometimes cause confusion are alimony in gross and periodic alimony.
At Barnds Law LLC, we educate our clients about their options and help them understand what to expect. Our team brings multiple perspectives to each case, developing effective strategies for both pursuing and defending against alimony claims. This guide explains the differences between these alimony types and when each might apply.
What Is Periodic Alimony?
Periodic alimony, also called periodic maintenance or traditional alimony, involves regular payments from one spouse to the other over a specified period. These payments typically continue on a monthly basis for a set number of months or years, or until certain events occur.
Under Kansas law, courts have discretion in setting the amount and duration of spousal maintenance. The Kansas Supreme Court has established guidelines suggesting that maintenance should not exceed 121 months, though courts can deviate from this in appropriate circumstances.
Periodic alimony is designed to help the lower-earning spouse maintain a reasonable standard of living while transitioning to self-sufficiency. It recognizes that a spouse who sacrificed career advancement for the family may need time and support to become financially independent.
The amount of periodic alimony depends on factors including the length of the marriage, each party’s income and earning capacity, the standard of living during the marriage, each party’s age and health, the division of property, and each party’s contributions to the marriage.
Characteristics of Periodic Alimony
Several features distinguish periodic alimony from other forms of support.
Periodic alimony is modifiable in most cases. If circumstances change significantly, either party can seek modification of the amount or duration. A substantial increase or decrease in either party’s income, remarriage, cohabitation, or health changes can justify modification.
Periodic alimony terminates upon certain events. Death of either party, remarriage of the recipient, or reaching the end date specified in the decree typically terminates the obligation.
Periodic alimony is taxable to the recipient and deductible by the payer under certain circumstances, though tax law changes have affected this for divorces finalized after December 31, 2018. Understanding the tax implications of any alimony arrangement is important for evaluating proposals.
The ongoing nature of periodic alimony means continued connection between the parties. Monthly payments require ongoing financial interaction, and modification possibilities mean future court involvement remains possible.
What Is Alimony In Gross?
Alimony in gross, sometimes called lump-sum alimony, involves a fixed total amount paid either as a single payment or in installments. Unlike periodic alimony, the total amount is set at the time of divorce and does not change based on later circumstances.
Alimony in gross is sometimes used as an alternative to property division when an equal division of existing assets is impractical. It can also compensate for economic disparities that a property division alone cannot address.
For example, if the marital estate lacks liquid assets but one spouse has substantially greater earning capacity, alimony in gross might be structured as fixed payments over time that compensate the other spouse for this disparity.
Characteristics of Alimony In Gross
Alimony in gross differs from periodic alimony in several important ways.
Alimony in gross is not modifiable. Once set, the amount is fixed regardless of changed circumstances. Neither party can seek to increase or decrease the obligation, and it cannot be terminated early based on events like remarriage.
Alimony in gross survives the death of either party. If the paying spouse dies, the obligation becomes a debt of their estate. If the recipient dies, the remaining payments become part of their estate.
Alimony in gross does not terminate upon remarriage. Because it is fixed at divorce and non-modifiable, the recipient’s subsequent marriage does not affect the obligation.
Tax treatment of alimony in gross may differ from periodic alimony. Payments structured as alimony in gross may be treated as property division rather than support for tax purposes, depending on the specific arrangement.
The fixed nature of alimony in gross provides certainty. Both parties know exactly what the obligation is and can plan accordingly without concern about future modification proceedings.
When Courts Use Each Type
Several factors influence whether periodic alimony or alimony in gross is more appropriate.
Periodic alimony makes sense when the recipient’s needs may change over time, when the goal is helping the recipient become self-supporting, when flexibility to address changed circumstances is desirable, and when the paying spouse’s income may fluctuate.
Alimony in gross may be preferable when a clean break between the parties is desired, when the parties want certainty and finality, when modification proceedings would likely cause ongoing conflict, when the recipient wants security that is not affected by remarriage, or when the arrangement serves property division purposes.
Kansas courts have broad discretion in structuring support and may combine elements of both types or craft creative solutions that address the parties’ particular circumstances.
Negotiating Alimony Arrangements
Most divorce cases settle through negotiation rather than trial. This means spouses and their attorneys often craft alimony arrangements that work better for both parties than a court-imposed solution might.
Negotiated agreements can include elements of both periodic and lump-sum support. For example, an agreement might provide for monthly payments for a fixed term, with a lump-sum payment at the end. Or it might front-load payments during a transition period, then reduce them over time.
Understanding the different types of alimony and their characteristics helps in evaluating settlement proposals. What looks like a larger amount may actually be worth less if it is non-modifiable and the recipient’s circumstances might improve. Conversely, a modifiable award might be reduced later if the payer can show changed circumstances.
Enforcement Considerations
Both types of alimony can be enforced through court proceedings if the obligated spouse fails to pay.
Periodic alimony arrears can be collected through wage garnishment, contempt proceedings, and other enforcement mechanisms. Courts take maintenance obligations seriously and have tools to compel payment.
Alimony in gross, because it is a fixed obligation, functions more like a debt. Collection remedies available for judgments generally apply. The non-modifiable nature means the full amount remains owed regardless of the payer’s changed circumstances.
Getting Guidance for Your Situation
Whether you may be paying or receiving alimony, understanding your options helps you make informed decisions. The structure of any support arrangement has long-term implications that deserve careful consideration.
At Barnds Law LLC, we help clients evaluate alimony questions from multiple angles. Our team environment means you benefit from attorneys with different perspectives working together on your case. We provide solutions to difficult problems and advocate effectively for our clients’ interests.
If you have questions about spousal support in a Kansas divorce, contact Barnds Law LLC at 913-514-0909 to discuss your situation. We can help you understand what to expect and develop a strategy that protects your interests.
