Alimony Laws in Kansas

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In the event of a divorce, if either spouse does not have a separate estate, or if a spouse's assets are not sufficient to offer a means of support, a judge might order alimony, which is also known as spousal support. Alimony is usually a monthly financial allowance paid by one spouse to another.

 

Kansas courts may award alimony in any amount that is considered fair and equitable, but the length of an alimony award cannot exceed 121 months. In order to be eligible for alimony, spouses in all states, including Kansas, must have been legally married. Alimony is usually based on a settlement agreement made between the spouses or the discretion of a judge. For a full explanation of alimony and divorce laws in Kansas, go to lawyers.com.

 

There are four types of alimony: lump-sum, rehabilitative, temporary, and permanent. Lump sum alimony is calculated by the court and is usually made in one payment. Temporary alimony may be paid for a specific amount of time, usually one or two years, to help one partner become financially independent and “get back on their feet.” Rehabilitative is the most commonly awarded type of alimony and may include payments for the education necessary for the recipient spouse to become self-sufficient. Permanent alimony is paid regularly for an indefinite period of time or until the payee petitions the court to modify or discontinue the payments.

 

In Kansas, temporary alimony may be ordered while a divorce is pending. After the divorce is made final, alimony may be awarded through periodic payments, in a lump sum, as a percentage of earnings, or by any other means considered appropriate by the court. Alimony payments are typically terminated upon the death of either spouse or the remarriage of the recipient spouse.

 

Kansas courts may modify the amounts or other conditions for alimony payments. However, no modification shall be made without the consent of the payer party if the modification has the effect of increasing or accelerating the liability for the unpaid maintenance beyond what was prescribed in the original divorce decree. K.S.A. 23-4,118 requires that alimony be paid through the central unit for collection and disbursement of support payments, unless the parties have a written agreement that the payments will be made directly to the recipient.

 

The type and amount of alimony awarded in Kansas depends on a variety of factors, including the following:

 

  • Respective ages of the spouses
  • Assets of each spouse
  • Potential earnings of each spouse
  • Cause of separation
  • The length of the marriage
  • Prior standard of living

 

In the United States, alimony is treated differently tax wise from child support payments. In Kansas, alimony is deductible for the person who pays it and taxable income for the person who receives it under the rules of the Internal Revenue Service, while child support is not. This can make alimony a tax advantage for the person who pays it and has prompted the federal government to create “hurdle tests” to differentiate between alimony, child support, and property settlement.  The full text of the divorce and maintenance statutes in Kansas can be reviewed at Kansas Statutes.