Alimony Laws: How Spousal Support Is Calculated and Modified

Is Your Marriage Coming to an End?

A divorce is already a tumultuous, extremely emotional, and complicated legal procedure. But when the cards aren’t evenly stacked, and there is an unfair balance of wealth, it can leave you afraid for your future.

Alimony is a way to help balance the scales. It allows a spouse who gave up their career to either support their spouse or become a stay-at-home parent to exit the marriage with the ability to maintain the standard of living they have grown accustomed to. It can help you finish your education or support you until you find employment. If your marriage was particularly long, it can even support you until you remarry or you or your former spouse pass away.

Barnds Law LLC understands how important this support is. We will help you understand your options, how alimony is calculated, and the options you have for modifying the payments.

What Types of Alimony Are There?

Alimony, also known as spousal maintenance, can be awarded in several forms depending on the circumstances of the marriage and divorce. The most common types are:

• Temporary alimony: Granted during the divorce process to help a lower-earning spouse cover their basic living expenses until the divorce is finalized.
• Rehabilitative alimony: Awarded for a limited time to allow the receiving spouse to start or complete their education, training, or work experience to become self-sufficient. This is the most commonly awarded alimony in Kansas.
• Permanent alimony: Awarded in cases involving long marriages or a spouse who is elderly or disabled and will never gain financial independence. This type is rarely awarded in Kansas.
• Lump-sum alimony: A one-time payment instead of ongoing support. It may be agreed upon in settlement negotiations or ordered by the court.

How Is Alimony Calculated In Kansas?

In Kansas, alimony is not calculated using a strict formula. Instead, the courts have broad discretion and consider a range of factors to determine whether or not alimony is warranted, how much should be paid, and for how long.

Judges typically consider the following:

• The length of the marriage, as longer marriages are more likely to result in long-term or higher alimony awards.
• Each spouse’s income and earning capacity, comparing their current earnings and their realistic ability to support themselves after the divorce.
• Age and health of each spouse, as a spouse with health issues or nearing retirement may be more likely to receive support.
• Financial needs and obligations, including monthly expenses, debts, and the standard of living during the marriage.
• Education and job skills, especially important when one spouse needs time or resources to become self-supporting.
• Contributions to the marriage, which are not always financial. Homemaking and supporting a spouse’s career or education are often considered.

There is no official calculator used in Kansas for determining alimony, so having an attorney advocate for your needs during negotiations or litigation can make all the difference.

Can You Have Your Alimony Arrangement Modified?

Alimony can be modified in Kansas, but only under certain conditions. To request a modification, the party seeking the change must show a significant material change in circumstances since the original decision was rendered. The change must be ongoing and not something that was anticipated at the time of the divorce.

Common reasons for a modification may include:

• A substantial increase or decrease in either party’s income
• A job loss or promotion
• Serious illness or disability
• The receiving spouse remarries or begins a cohabiting relationship
• Retirement, especially when it impacts the paying spouse’s income

The process of modifying alimony payments is as follows:

1. File a motion: The requesting party must file a formal motion with the court that originally ordered the alimony payments.
2. Provide evidence: Documentation supporting the change in circumstances is necessary evidence.
3. Court review: A judge will review the motion and may hold a hearing. They will decide whether to increase, decrease, or terminate the alimony.

If you feel like a modification to your alimony payments is warranted, but you are not sure where to start, an alimony attorney can help you through the process. Working together, they will determine if your circumstances have changed enough to warrant petitioning the court. If they feel like a modification is warranted, they will guide you through the petition process and help you gather the supporting evidence to build a solid claim.

Can You Request Alimony After Your Divorce Is Finalized?

In Kansas, you are generally not able to request alimony after the divorce is finalized. It also isn’t automatically addressed during divorce proceedings; it must specifically be requested. If the court did not award alimony, or you failed to request it before your divorce was finalized, then you will lose the ability to seek alimony.

If you feel like you are owed alimony for the sacrifices you’ve made for your marriage, then speaking with your divorce attorney about alimony should be a priority.

Can Bards Law LLC Help Your Alimony Case?

Our law firm has experienced divorce attorneys who are well-versed in Kansas’ alimony laws, and the best way to ensure you receive the support you need to get back on your feet after your divorce is finalized.

If you already have an alimony order and feel that your circumstances have changed significantly enough for the courts to reconsider the situation, our alimony attorneys can help you prepare.

Call 913-514-0909 to schedule a strategy session with a Barnds Law LLC alimony attorney. Don’t risk leaving your marriage unprepared. Call today to learn about your legal options.