Kansas

Alimony Guide - Spousal Support Laws

What is Alimony?

Alimony, also known as spousal support, is a court-ordered provision of financial support a spouse for after a divorce. Alimony laws vary considerably from state to state, and courts often have significant flexibility on a case-by-case basis in determing whether to award alimony, how much alimony to award, and how long alimony payments will continue.

In the state of Kansas, when going through a divorce, either spouse may file for a maintenance order, otherwise known as alimony, to be received as soon as the court deems fit. Depending on several factors, the individual may or may not receive alimony. The basic concept of alimony is that during a marriage, one spouse is often more dependent on the other and develops a standard of living based on the higher income spouse’s income, and it is assumed that the higher income spouse has gained in some way from the commitment of the dependent spouse, such as from child rearing, housekeeping, or other forms of support, and as such, the higher income spouse is then responsible for maintaining the standard of living that the dependent spouse has developed.

Some main factors of consideration for alimony by the court are the sizes of both individual’s estates, incomes, potential earning ability, and monetary condition in which they will be left by the divorce. The payments may be decreed for life, or in a lump sum, as dictated by the court.

Things the court will not take into consideration include, but are not limited to, are: disability benefits, awarded to either veteran spouse for service connected disabilities, and awarding any other income or property of the veteran to their spouse or former spouse as compensation.

Custody of any children, and any child support required between parties of the divorce, are two other factors in the amount and consideration of alimony. If the spouse with custody of the children is unable to support themselves due to the children being of an age or condition that it hinders the individual’s ability to support the child, such as if they must remain home to care for the child, it would severely influence the case for alimony to be received by the custodian of said child or children.

In the end, if an agreement cannot be made between the two parties, alimony is awarded at the final judgment of the judge and court deciding the case.

In the state of Kansas, a number of factors are taken into account when calculating the amount and duration of alimony or spousal support payments.

Is there a set list of statutory factors for calculating alimony?

Kansas does not consider a statutory list of factors when determining alimony payments.

Is marital fault considered in Kansas alimony?

Kansas does not consider marital fault when determining alimony payments. This means that divorces considered "at-fault" due to cheating or infidelity, abuse, or other factors do not affect the calculation of alimony payments.

Is standard of living considered in Kansas alimony?

Standard of living is not considered when calculating alimony payments in the state of Kansas. This means that the standard of living enjoyed by the alimony receiving spouse during the marriage is not directly considered when calculating alimony payments.

Is custodial status considered when determining alimony in the state of Kansas?

The judge in the state of Kansas does not consider custodial status when determining alimony payments. This means that alimony calculations are not affected by whether or not the receiving spouse has custody of the children.

How exactly is alimony calculated in the state of Kansas?

Calculation of alimony is generally done on a case-by-case basis by the Kansas family court judge who is responsible for the case. While some states have a fixed alimony calculation formula, in most cases the final amount and duration of alimony awarded (if alimony is awarded) is at the discretion of the judge.

How long must alimony be paid?

The duration of payments is determined by a judge in Kansas family court. Alimony length is usually based on length of marriage - one commonly used standard for alimony duration is that 1 year of alimony is paid every three years of marriage (however, this is not always the case in every state or with every judge). Alimony may also be discontinued upon the remarriage or cohabitation of the receiving spouse. In some cases, judges may even award permanent alimony.

What happens if alimony isn't paid?

If alimony is unpaid, the owed debt is known as alimony arrears. Arrears can be collected via mediation, small claims court, or wage garnishment. Failure to comply with a court-issued spousal support order may also result in a contempt of court charge against the spouse who failed to pay owed alimony.

Can alimony be waived by a prenuptual agreement?

A prenup agreement is a contract between spouses regarding marriage-related financial matters signed prior to marriage. Limitation or waiving rights to alimony is a frequent clause in modern prenuptual agreements, but some states or localities prohibit such alimony waivers.

Can alimony be collected if you're not married?

The legal concept of alimony, otherwise known as spousal support, is dependant upon a legal marriage. However, in some areas - especially those with a concept of common-law marriage - "palimony", or support payments between non-married individuals, has been awarded by courts. However, this generally requires extenuating circumstances.

What is alimony mediation?

When a marriage ends through divorce and alimony is expected to be paid, spouses have the choice to determine an alimony agreement either through litigation (in Kansas family court) or through mutual agreement. Often, a Kansas alimony mediator can be brought in to help the ex-spouses come to a mutual agreement regarding alimony and other contested issues such as property division, and thus avoid having to go to court.

How are alimony payments taxed?

On a federal level, all qualifying Kansas alimony payments are deductible by the payor, and counted as taxable income by the recipient. To qualify as alimony under IRS guidelines, the following must be true:

• The payments are in cash
• The parties live in seperate households
• The payments are strictly for alimony (as opposed to for child support, etc)

Taxation of alimony varies on a state and local level. You can learn more about Kansas income taxes here .