The alimony laws governing spousal support in Kansas is different from what is obtainable in other states. Read further to grasp the peculiarity of the KS alimony law.
Also referred to as “spousal support” or “spousal maintenance” in Sunflower State, alimony is the series of payments made by one spouse (the payor spouse) to another (the supported or payee spouse) after the divorce.
Before the alimony payments commence, there has to be a written order or agreement which requires the payor to support the payee with a stipulated amount of money.
This agreement eliminates any disputes in the future about why the payment was made or when it’s not made.
All 50 states in America are alimony states, meaning states that have enacted laws permitting a spouse who cannot work full time or with a lower income to request payments from the other spouse to support themselves after a divorce.
Type of Alimony Laws Practiced in KS
A judge in Kansas, like many other states, can award three types of alimony: temporary (during the divorce), short-term, or long-term. Living together during the lengthy divorce process may be impossible for some couples, so when one spouse files for divorce, both spouses must adjust to living on a single income.
Temporary Support in Kansas
If one spouse earns more and can afford it, the court may award temporary alimony so that the lower-earning spouse can satisfy his or her financial commitments throughout the divorce. Temporary alimony is not a promise of future support, and it terminates when the judge makes a fresh order and/or the divorce is finalized.
Rehabilitative (or Transitional) Support in KS
If appropriate, the judge may grant short- or long-term alimony following the divorce. Short-term awards, also known as rehabilitative alimony, are advantageous for spouses who are able to work and become self-supporting but require time and financial aid in finding a job.
When the receiving spouse is in school or getting employment training to thrive in the current job market, the court will usually order short-term support.
The judge may order the supported spouse to develop a plan outlining how long it will take to obtain the necessary training and skills to obtain employment and become self-sufficient. Typically, the court will establish a support end date, which is the deadline for the receiving spouse to obtain work.
Reimbursement Support in Kansas
When one spouse contributed major support to the household while the other pursued an education, this reward was given to compensate him or her.
Long Term Support in KS
Long-term assistance is uncommon, yet it may be the only way for one spouse to survive after a divorce in some situations. While the court expects both spouses to work after the divorce and become financially self-sufficient, some spouses are unable to do so due to advanced age, health concerns, disabilities, or other factors.
When the paying spouse dies or the recipient remarries, long-term support normally comes to an end.
Who Pays Alimony in Kansas?
In Kansas alimony law, the spouse that makes most of the money will share that income with the other spouse. The idea behind who pays for alimony is to considerably level up the living standard of the dependent spouse to what it was while the marriage was on.
Regarding the sex that pays, alimony in Sunflower State is gender-neutral, meaning either spouse can request support from the other. As long as the alimony can be provided to the requesting spouse, then it will most likely be granted.
So a husband can receive alimony from a wife in Kansas if the above conditions are met.
How Long Does Spousal Support Last in KS?
Spousal support in Kansas cannot be granted for more than 121 months (10 years). If the parties choose, they can agree to a longer-term in property settlement agreement. As provided by the alimony laws of KS, when either spouse dies or the recipient spouse remarries, the court-ordered maintenance comes to an end.
A lump-sum payment (one large payment or numerous installments), recurring payments over a predetermined length of time, on a percentage of earnings, or “on any other basis” are all options for maintenance.
Kansas Alimony Rule of 121 Months
As previously noted, Kansas judges cannot grant alimony for more than 121 months. (Kansas Statute Announcement 23-2904 (2018).) A judge may order further support if the original court order stipulates that a judge can review and reconsider after the initial 121 months. Any alimony award in Kansas rarely exceeds this time restriction unless the spouses agree to an extension.
How to Collect Spousal Support Arrears in Kansas
When it comes to collecting spousal support in Kansas, you have a few choices if your ex-spouse has failed to make alimony payments as ordered by the court. Debts for spousal support are frequently given priority among debtors under US law
Factors That Influence Alimony Payment in Kansas
The average amount payable as spousal support in Kansas after divorce is determined by various factors. But the major factor you have to understand is “the standard of living of the marriage.”
To determine the final amounts for rehabilitative and permanent support in KS, the courts in KS takes into consideration the income of the spouses, plus other factors like:
- earning capacity of each spouse.
- the ability of the paying spouse to pay, considering assets, the standard of living, earning capacity, as well as earned and unearned income.
- the extent of contribution the supported spouse gave to the other’s educational pursuit or professional license during the marriage
- how long the marriage lasted
- the needs of each spouse
- the assets and debts of each spouse including separate property
- each party’s tax consequences
- the ability of the supported spouse to gain employment without interfering with their children’s care
- each spouse’s health and age
- each party’s balance of hardships
- whether there is a documented history of domestic violence against the children or either party
- will the dependent spouse be self-supporting within a reasonable period
- any criminal conviction of an abusive spouse
- any other factors which the court wishes to consider
This is the main measure the court uses to determine the amount to be paid in Sunflower State. The principle behind the standard of living of the marriage is that after the marriage breakup, both spouses should continue living within the same standard they lived while the marriage lasted.
How Alimony is Calculated in KS
The amount to be paid as spousal support in Kansas is calculated after considering the above-stated factors. Whichever option is adopted it is reflected in the Alimony Calculator
Importance of Using a Skilled Kansas Spousal Support Attorney
If you’re getting a divorce in Kansas and need to negotiate or re-negotiate spousal support, you’ve definitely got a lot of questions and want to seek competent legal guidance. Though state Supreme Courts have supported lifetime spousal support, your circumstances may or may not fulfill the requirements. KS courts may judge your case differently based on the merits of you and your previous spouse. There are so many variables to consider.
If you want to get spousal support for the rest of your life or if you want to fight against it in Kansas, an expert divorce lawyer can help. Depending on the objective and the desire of the adversary attorney to bargain in good faith, you’ll need attorneys that are both empathetic and strong.
For the convenience of our members, we have an up-to-date directory of KS divorce and spousal support attorneys who can help with a variety of issues. For legal advice and representation on spousal support that is powerful and well-informed.
FAQ About Kansas Alimony Laws
Here are Frequently Asked Questions about spousal support laws in KS:
Can a Husband get Alimony in KS?
Yes. In Kansas, alimony payment is gender-neutral, meaning the sex that pays or receives is not the main determinant, but other factors as stated above. For details click here.
Who Qualifies for Alimony in Kansas?
Just as either spouse can pay or receive, the party that qualifies to receive spousal support is the dependent party while the marriage lasted. This means that in KS, the spouse that had lesser or no income when the marriage was on is also the one qualified to receive alimony. Click here for details
How Long do you have to be Married to get Alimony in KS?
To understand how long alimony lasts in Kansas, you have to take into consideration how long the marriage lasted.
However, bear in mind that there is no limit to the duration you can pay or receive alimony for marriages that lasted 10-20 years or more. Any marriage that lasted below 20 years will not pay nor receive alimony that exceeds 50% of the duration of the marriage.
Is Alimony Tax Deductible in Kansas?
Following the passage of the Tax Cuts and Jobs Act, which altered the link between alimony and taxes dramatically inKansas and all over the US, alimony payments are no longer tax deductible for the payer and are no longer recognized as income for the recipient spouse as of January 1, 2019.
Is Alimony Mandatory in Sunflower State?
Alimony is mandatory in Kansas as long as one of the spouses earns or owns assets that can be relied upon to support the other spouse after the marriage breaks down.
Can Alimony be increased in Kansas?
Alimony amount or duration can be increased or decreased due to changes in the financial circumstances of the parties in different ways, including:
- an increase or decrease in the income of the alimony recipient
- if it’s determined that the original alimony awarded is inadequate
- loss to the alimony recipient’s financial assets
- an increase in the justified expenses of the alimony recipient
- when the financial condition of the receiving spouse fails to improve as originally expected
Can you go to Jail for Not Paying Spousal Support in KS?
Technically, you will not be jailed for not paying alimony in Kansas. While there are varying consequences for not paying alimony, you can still end up in jail as a result. Here is how.
If it’s a Kansas court-ordered spousal support that you refuse to pay, it means you are in violation of a court order meaning you can be prosecuted for being in contempt of court if contempt proceedings are brought up against you. This could attract a jail term in KS}.
How to Modify Spousal Support in KS?
When necessary, Kansas law allows for a spousal support modification. When it comes to alimony, courts in KS usually try to do their best to create judgments that are fair and effective in the long run. Nevertheless, conditions change over time, and these changes may compel a revision or modification of the initial order.
When filing for a spousal support modification in Kansas, keep in mind that the courts will only entertain the motion if there has been a significant and long-term change in circumstances. A brief problem is unlikely to be significant enough to warrant a revision in the initial alimony ruling. Likewise, dissatisfaction with the support order is not a valid reason for a revision in KS.
The following are some of the most common reasons for requesting an alimony modification in Kansas:
- Changes in income or employment
- Birth of a new child
- Health changes, including disability
- A new dependent
How to Avoid or End Spousal Support in KS?
In Sunflower State, the spouse paying the alimony can successfully avoid or stop the alimony payment if he/she is able to prove any or all of the following points:
- that the dependent spouse is guilty of infidelity
- the spouse proves that he has no source of income
- the spouse remarries and has to take care of the new spouse however, he/she will continue paying the child support for children if any
- if the spouse is disabled and unable to earn a living
Alimony Laws in all 50 States
A Alabama | Alaska | Arizona | Arkansas
C California | Colorado | Connecticut
D-H Delaware | Florida | Georgia | Hawaii
I Idaho | Illinois | Indiana | Iowa
K-L Kansas | Kentucky | Louisiana
M Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana
N Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York | North Carolina | North Dakota
O Ohio | Oklahoma | Oregon
P-S Pennsylvania | Rhode Island | South Carolina | South Dakota
T-U Tennessee | Texas | Utah
V-W Vermont | Virginia | Washington | West Virginia | Wisconsin | Wyoming