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What is Alimony?
Following a divorce, a family law judge may award alimony to one of the spouses. Alimony, also known as spousal support or spousal maintenance, allows both ex-spouses to maintain a certain standard of living that they had previously enjoyed during the course of their marriage. The goal of alimony payments is to help aid the spouse who earns less money to obtain financial independence. There are a few different types of alimony in Kansas, including temporary alimony, short-term alimony, and long-term alimony. Alimony may be paid either in a lump sum payment, periodically or during monthly payments, or a percentage is taken out of the paying spouse’s earnings.
Historically, men made up the majority of the spouses paying alimony. But now, more women are in the workforce, and sometimes women make more than men. Either individual, regardless of gender, may petition the court for alimony payments. Similarly, spousal support payments can be awarded in same-sex marriages.
It is possible to avoid paying alimony if you can prove that your ex-spouse does not require financial support to maintain a standard of living. For legal assistance in your divorce proceedings and alimony negotiations, please get in touch with our law firm to schedule an in-depth case evaluation today.
Is Alimony Automatic in Kansas?
Alimony is not automatic in a divorce case. Several factors must be weighed to determine the necessity of alimony payments.
If you believe that your spouse should not get alimony or that you do not have the funds necessary to provide it, contact our law firm for legal assistance.
How is Alimony Determined and Calculated in Kansas?
Alimony awards are calculated based on what a family law judge deems to be fair, just, and equitable. Unlike other states, Kansas does not have specific laws or methods for calculating what is a fair alimony agreement. Each family law court has the discretion to determine on its own what it believes to be equitable and will review several different factors, such as the financial resources of either spouse, to determine how much alimony should be awarded.
What Factors May Affect Alimony Awards?
Kansas does not have specific statutes outlining what family law judges should review to determine alimony payments in divorce cases. However, certain common factors are reviewed in most cases.
These may include:
- A spouse’s contribution to the education or career of the other spouse during the course of the marriage
- Child support or child custody obligations
- Either spouse’s contributions to marital property and the marriage at whole
- Family ties
- Special needs
- Standards of living enjoyed by each spouse during the marriage
- The age of each spouse
- The conduct of the spouses during marriage
- The independent separate financial resources of either spouse
- The length of the marriage
- The number of years that a spouse has been absent from the job market and the reason for this absence
- The personal property owned by either spouse
- The physical and mental health of either spouse
- The present and future earning capacity of the spouses
- The question of whether the paying spouse is able to meet their own needs and also pay financial support
- The time and ability required by either spouse to secure training or education required to obtain future employment
Does the Length of a Marriage Affect Alimony Payments?
In addition to affecting the division of property during a divorce case, the length of a marriage it may also influence the court’s decisions when determining spousal support or alimony. When determining the amount of alimony and the duration of alimony payments, a court will likely look at the length of the marriage and the historic economic disparity between the spouses during the marriage.
In long-term marriages, especially those characterized by economic disparity between the spouses, family law courts are more likely to order the wealthier spouse to pay alimony to the lesser-earning spouse for a certain period of time. In most cases, the longer the marriage, the longer the duration of alimony awarded.
In mid-length marriages, alimony may be awarded. However, the alimony award will likely be limited in duration. Alimony awards are less likely to be awarded in short-term marriages. However, when appropriate, a family law judge may deem it necessary for the higher-income spouse to provide spousal maintenance to the lower-income spouse for a short period.
What is the Maximum Length of Alimony?
In Kansas, there is a maximum length of time for alimony payments to continue. The longest time that alimony payments can be awarded is 121 months in Kansas. Once the 121 months have passed, the supported spouse may file for a reinstatement of alimony. If the court awards the reinstatement of alimony, the reinstatement cannot last for another 121 months.
However, if the spouses agree to terms for alimony payments together, they may develop different guidelines for spousal support, including going past the 121-month limitation.
Do You Need the Legal Representation of an Attorney?
If you are going through a divorce, it is highly recommended that you work with experienced divorce and alimony attorneys for experienced legal counsel. Without legal representation, you run the risk of the lawyers for the other side taking advantage of your position and you facing an unfortunate divorce settlement.
Our law firm is experienced in Kansas family law and can help you seek the most satisfactory outcome for your divorce case. This may include negotiations for more suitable alimony payments for either yourself or your soon-to-be ex-spouse. To learn more about our legal services, don’t hesitate to get in touch with our law office to schedule your initial consultation today.
Schedule a Strategy Session with Our Alimony Lawyers Today
Barnds Law is a Kansas-based law firm dedicated to providing compassionate and aggressive legal representation to our clients. If you have been married for a long time, you are more likely to need to provide alimony payments from one spouse to the other. As your legal representatives, our lawyers can help negotiate better terms in the alimony Agreement.
To learn more about how we may assist you during this difficult time, please contact our law offices to schedule an in-depth strategy session with our attorneys today. You may contact us at 913-514-0909.
