Alimony Laws in Kansas

By Bernadette A. Safrath

Alimony, also called spousal support, may be awarded during a divorce proceeding in Kansas. Alimony is paid by one spouse to the other when the receiving spouse has neither a sufficient income nor sufficient assets to be self-supporting when the marriage ends. The Kansas Revised Statutes set forth the types of alimony available, duration of payments and when alimony can be modified or terminated.

Alimony, also called spousal support, may be awarded during a divorce proceeding in Kansas. Alimony is paid by one spouse to the other when the receiving spouse has neither a sufficient income nor sufficient assets to be self-supporting when the marriage ends. The Kansas Revised Statutes set forth the types of alimony available, duration of payments and when alimony can be modified or terminated.

Eligibility

There are several different types of alimony available in Kansas. The court will determine which type a spouse is eligible for. General support is awarded when one spouse earns significantly more money than the other. Reimbursement support is ordered to pay back one spouse if that spouse provided significant financial contributions to the household while the other spouse pursued an education. Finally, transitional support is awarded temporarily if the requesting spouse needs to complete training or education before obtaining employment with a sufficient income. Regardless of the type of alimony a court awards, the paying spouse is entitled to deduct any payments from his income for tax purposes while the receiving spouse is required to claim the payments as income.

Divorce is never easy, but we can help. Learn More

Amount and Duration

Alimony is very rarely awarded permanently in Kansas and only in very long-term marriages. A court may award permanent alimony when the requesting spouse can no longer work or did not work during the marriage and has not been in the workforce for a long time. Generally, alimony payments are temporary. The court considers several factors when setting the amount and duration. The court considers each spouse's income and the value of each spouse's assets. The strongest factor is the length of the marriage because the court uses a formula based on it to determine the duration of the alimony award, not to exceed 121 months. For example, Johnson County established the following support guidelines: For marriages between zero and five years, alimony is usually awarded for half the length of the marriage. For marriages longer than five years, the alimony period is two years plus one-third of the length of the marriage, up to 121 months.

Enforcement

Once a court order for spousal support is issued, the owing spouse is required to make all payments. If any payments are missed, the receiving spouse can seek a judgment from a Kansas court. When a judgment is issued, the delinquent spouse's paychecks can be garnished, liens placed on any real estate and any funds in bank accounts seized.

Modification and Termination

A Kansas court can modify a spousal support order if the spouse who owes support experiences a "substantial change in circumstances" that affects his ability to pay. Such circumstances can include a decrease in income or loss of employment. The receiving spouse may request an increase in support if a change in circumstances has caused an increase in financial need. However, the court cannot increase spousal support payments without the paying spouse's permission. Additionally, the obligation to make payments may terminate before the date set by the court in limited circumstances. If either spouse dies, spousal support terminates. If the spouse receiving support gets remarried, she loses the right to any further spousal support.

Divorce is never easy, but we can help. Learn More
Alimony Laws in Kentucky

References

Related articles

California Divorce Law Regarding Alimony

California spousal support, or alimony, is designed to maintain one party in the divorce in the same lifestyle she enjoyed during the marriage. Spousal support is money paid by one spouse to the other in accordance with a court order issued during divorce or separation proceedings. State divorce laws set the court guidelines for spousal support awards.

Alimony Laws in Texas

Alimony, also called spousal maintenance in Texas, is financial support provided from one spouse to the other spouse who does not have the income or assets to be self-supporting. Thus, it is common for courts in the state to award alimony to the financially weaker spouse. But in 2011, the Texas legislature made significant changes to its alimony laws, making it much more difficult for a spouse to receive alimony.

Missouri Alimony Maintenance Laws

Alimony, called spousal maintenance in Missouri, is financial support provided by one spouse to another after a divorce or separation. The purpose is to provide for the receiving spouse's basic needs if she cannot support herself through her own income and assets. Maintenance payments are limited in duration and can be court ordered or agreed to between the spouses.

Get Divorced Online

Related articles

Alimony Laws in Tennessee

Alimony is a monetary award paid to the financially weaker spouse after a divorce. Tennessee courts can award one of ...

Will He Still Have to Pay Alimony With a No Fault Divorce in Pennsylvania?

When spouses file for divorce in Pennsylvania, a financially weaker spouse may be entitled to alimony. Pennsylvania ...

Florida Rules and Procedures for Rehabilitation Alimony

Alimony, which is also called spousal support, may be available to a spouse in Florida after a divorce. Alimony is ...

How to Figure Alimony Payments in Iowa

After divorce, one spouse is sometimes left without financial resources to support herself, but alimony -- sometimes ...

Browse by category
Ready to Begin? GET STARTED