Kansas courts may grant alimony if the court determines it is necessary during the divorce proceedings. The alimony payments are meant to help offset any disparity between the parties in employability or assets.
Types of Spousal Support
- Temporary – may be granted at the discretion of the court during the divorce proceedings and before the final decree.
- Short-Term – may be granted to allow the receiving party time to gain necessary skills.
- Long-Term or Permanent – may be granted to a party who has significant needs, usually reserved for lengthy marriages.
Who is Eligible for Alimony in Kansas
Kansas divorce courts have discretion in considering factors to determine whether alimony is appropriate in cases of divorce. Alimony is a support payment meant to help the payee spouse adjust to the financial situation as a result of divorce.
Kansas Alimony Guidelines (Factors for Awarding Alimony)
Alimony may be awarded to either spouse in an amount the court finds to be fair, just and equitable under the circumstances. The court will take into consideration any factors that are relevant, including, but not limited to:
- Duration of the marriage;
- Employability, income and assets of the spouses;
- Responsibility for custodial children;
- Contribution to education or career of a spouse during marriage; and
- Any other factors the court finds just.
Reasons for Termination or Modification of Alimony in Kansas
Substantial change in circumstances that impacts the paying spouse’s ability to pay is a common reason for modification of alimony. The party that seeks modification must file papers as to the reason and provide any proof available to assist the court.
Marital Fault in Kansas
Grounds for divorce in Kansas include:
- Failure to perform a material marital duty; or
- Incompatibility by reason of mental illness or mental incapacity of either spouse.
How Long Does Spousal Support Last in Kansas?
In Kansas, spousal support payments can either be in a lump sum or on a monthly basis not to exceed 121 months.
Kansas Alimony Taxes
The paying party is entitled to claim alimony payments as a deduction on income taxes. The receiving party must claim the payments as income if they are court ordered. A tax professional or an attorney can advise you of the tax implications of your agreement.
Find an Alimony Attorney in Kansas
Discuss the best way to handle your support agreement with an experienced family law attorney. An attorney will make the process easier by filing and filing out paperwork and advocating on your behalf throughout the proceedings. A lawyer can help diffuse some of the intense emotions that go along with divorce.