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Is Spousal Support Automatically Awarded in Divorce Cases in Kansas?
When courts give a divorce decree in Kansas, they also can award spousal support or alimony. The purpose of the allowance is to enable the qualifying spouse to maintain the specific standard of living they were accustomed to during their marriage. It also serves to make up for any disparity in the earning potential.
Spousal maintenance is often a contentious issue, with courts having the discretion to award or not award the allowance. Judges consider many factors in determining whether the award is justified and fair. If you’re going through a divorce marked with a tough alimony battle, let skilled family law lawyers in Overland Park help you fight for your rights.
What Factors Do Courts Consider When Awarding Alimony?
The primary consideration for courts when awarding alimony is the need for one spouse to receive support and the ability of the other to pay. Being deliberately unemployed or underemployed may have a court impute income to a party based on their potential and probable earnings as indicated by historical earnings, education, and unique skills or qualifications.
Kansas doesn’t have a set of statutory factors when determining alimony payments. However, alimony attorneys in Overland Park highlight the following factors that judges consider:
- The age of the parties
- The present and future earning capacity of the spouses
- The length of the marriage
- The property each spouse owns
- The needs of each party at the time of the divorce and their overall financial condition
- The property’s source and manner of acquisition
- A spouse’s contribution to the education or career of the other spouse during the marriage
- The conduct of the parties during marriage
- Family ties and obligations of each party, including the custody and support of their children
- Unusual or unique health or medical needs
- The number of years a spouse has been absent from the job market and the reasons for being absent
Some factors courts won’t consider include, but are not limited to, disability benefits and any other income or property awarded to veteran spouses as compensation. Consult skilled Overland Park alimony lawyers for legal assistance if you have challenges in your spousal support determination case.
What Are the Different Types of Alimony in Kansas?
Given that spousal support doesn’t automatically take effect following a divorce, judges will consider one of three different types of spousal maintenance:
Temporary Alimony
Temporary spousal support is a financial obligation that the higher-earning spouse must pay to the other spouse before the finalization of the divorce. The payment enables the receiving spouse to afford certain expenses during the separation. Skilled alimony lawyers in Overland Park can help you file a motion to request temporary alimony.
Short-Term or Periodic Alimony
A court may order short-term maintenance if you need support for some time. Courts award short-term maintenance in cases such as when the requesting spouse needs to complete their education or is job searching. Alimony lawyers in Overland Park can evaluate your eligibility for short-term alimony.
Long-Term or Permanent Alimony
Long-term spousal support isn’t awarded often and is rare in Kansas. Courts order this type of spousal support when they determine the receiving spousal cannot become self-supporting due to a disability, health issues, or not having been in the workforce for the duration of the marriage.
How is Alimony Paid in Kansas?
Spousal support payments don’t have to be monthly if the court awards alimony. The paying spouse can make a lump sum payment to enable the receiving spouse to support themselves for some time. Spousal support is usually limited to 121 months or approximately ten years.
Courts decide to extend the spousal support term beyond the initial one if the situation warrants the extension. If your situation warrants an extension of the spousal maintenance term, talk to the experienced Overland Park family to fight for what you rightfully deserve.
Can a Man Be Awarded Spousal Support?
If you’re a man going through a divorce, you may wonder if you’re eligible for spousal support from your wife. In Kansas, anyone can petition the court for spousal maintenance, regardless of gender identity. Spousal support can also be awarded in same-sex marriages.
While men make up the majority of alimony-paying spouses, more women are now in the workforce. Therefore, the number of men receiving alimony is increasing. You can enhance your chances of receiving spousal maintenance as a man by working with experienced alimony lawyers in Overland Park.
What Is the Impact of Taxes on Alimony?
Before January 1, 2019, a spousal support payee could deduct taxes while the recipient would pay taxes on the income. The Tax Cuts and Jobs Act changed the previous rules for all divorcees, stipulating that a payee can’t deduct spousal support payments on their taxes, and the recipient doesn’t have to include them in their reported income.
The tax changes impact your annual income. So, consult experienced attorneys before negotiating a spousal support amount to protect your rights.
An Experienced Family Law Attorney Providing Legal Guidance on Spousal Support
Historically, courts in Kansas would award alimony for “traditional marriages” where one party worked outside the home while the other stayed home to raise the children. A lot has changed over the years, and different factors affect the outcome of spousal support cases. Alimony attorneys in Overland Park can evaluate your case and guide you to a favorable outcome.
Divorce can be emotionally tasking, and it can be more challenging if you and your ex-spouse can’t agree on crucial issues such as child custody, support, and maintenance. Barnds Law LLC hosts experienced family law attorneys in Overland Park. We can provide legal support during this challenging time and help you fight for a favorable outcome. Contact us at 913-514-0909 to schedule a strategy session.
