Many people find that their financial commitments to a spouse extend past the length of the actual marriage. In some cases, alimony can be ordered between divorcing spouses in Kansas. While spousal maintenance orders are final, they may be adjusted due to new factors in your single life after a marriage. An Overland Park divorce attorney can help you understand what may precipitate a change in this court-ordered financial support. At Joseph, Hollander & Craft we have years of supporting Kansas residents through life changes including divorce, alimony, and other areas of family law.
When Is Spousal Support Awarded?
Spousal support, also known as spousal maintenance under Kansas law, is financial assistance paid from one spouse to another after or during a divorce. Spousal support is meant to even the playing field between two former spouses, and is often awarded in cases where one spouse stayed home while the other worked. It can also be awarded in cases with economic imbalance, such as one spouse who is less able to work to support themselves, or to maintain another spouse’s standard of living.
There is no presumption of support in Kansas. Instead, a judge will decide based on the facts, including the length of the marriage, both spouses’s incomes and earning capacities, their ages, health, contributions to the marriage, and even some factors like particularly vicious infidelity or violence. Support is not decided based on gender lines, and an ex-husband in Kansas may receive alimony from an ex-wife. One of the main factors besides fairness that is considered when spousal support is awarded is both parties’ ability to pay.
Is Spousal Support the Same as Alimony?
In Kansas, “alimony” is just another term for “spousal support,” which is a more popular term for “spousal maintenance.” Spousal support is the term used in Kansas laws and guidelines, but everyone knows what you mean if you say maintenance or alimony.
How Long Does Spousal Support Last?
Not all spousal support is designed to last forever or even for a long time. Some terms may be used to describe the various purposes of alimony:
- Temporary alimony. This may be a one-time payment or limited financial support during the divorce process, so that the other can afford their expenses until the marriage is dissolved. Temporary support may be involved in some of the following examples, i.e. when both spouses ran a business together during the marriage, when health concerns are discovered during the divorce, or when one spouse has been providing for the other previously.
- Rehabilitative or long term alimony. At times, one spouse may have left school early in order to get married or left a job to stay at home with children. Rehabilitative alimony is an extended alimony option meant to support the other spouse during a search for a job or completion of their education. It can last several months or years. Kansas law sets a general cap at 121 months for these kinds of alimony payments.
- Permanent alimony. Divorcing spouses can agree to a longer term of alimony payments in a property settlement agreement. In some cases, a spouse can file for reinstatement of maintenance before the expiration of the original maintenance award and a judge can grant it. But no judge can grant more than 121 months’ worth of support at a time.
What Can Cause Alimony to End in Kansas?
Alimony often ends after the divorce proceedings have been long finalized and both parties have otherwise moved on. A support obligation change can take place any time there is a significant adjustment to either of the ex-spouse’s living situations or income. Our spousal support attorneys can help you understand if your situation qualifies. Some examples include:
- Support order expires. Support orders with a set date, like temporary alimony to afford separation costs, are designed to expire.
- Someone dies. If your ex-spouse passes away, your financial obligation typically ends at the same time as their death. It cannot be transferred to their surviving children or other beneficiaries.
- Someone remarries. Most alimony automatically terminates when the receiving spouse remarries.
- It’s part of the agreement between the two spouses. Many spouses agree, whether in a prenuptial agreement, post-nuptial agreement, property arrangement or divorce proceedings, to set up guidelines for when and how alimony will be paid. For some couples, alimony is considered along with child support payments, education or housing expenses, or other factors that are decided upon together.
- Someone violates some part of the agreement. If there are conditions on the support agreement, and one party violates those conditions, the support obligation could end.
- Both parties agree to it. Sometimes both parties may agree to end alimony outside of what the original agreement or order says.
- There is a substantial change in circumstances. For instance, if one spouse no longer has sufficient income to pay alimony, or if the other experiences a sudden windfall like an inheritance from a family member, a previous alimony arrangement may be modified or come to an end.
Retirement and Spousal Support Modification
Many of our clients ask us about retirement and alimony modification. For instance, small business owners or self-employed professionals may find their alimony commitments to be more difficult after retirement than while they were earning higher income beforehand. The Kansas court will not automatically terminate alimony orders just because one party retires, however. Both of the spouses’ financial abilities as well as their increased or decreased needs will be taken into account. For instance, even if one party makes less than they previously did, if the receiving spouse has new health concerns after retirement, alimony may be ordered to continue. The length of the marriage, as well as the ages of both parties involved will also be considered when requesting a modification. Spousal support between two ex-spouses of very different ages may lead to alimony being terminated once one retires.
Can You Modify an Existing Spousal Support Agreement in Kansas?
Yes, you may be able to modify an existing spousal support arrangement in Kansas. Family law courts are designed to promote fairness. If an agreement has become unfair due a change in circumstances, you do not have to live with that new reality and abide by outdated terms. An Overland Park family law attorney may be able to help you adjust spousal support orders by filing a motion with the appropriate family law judge in Kansas and outlining the change in the situation for the court.
How Our Overland Park Attorneys Can Help with Spousal Maintenance
At Joseph, Hollander & Craft we have experience with all areas of divorce proceedings, both during the dissolution of the marriage as well as handling all areas that arise during the aftermath. One of our Overland Park divorce attorneys may be able to assist you with modifying orders or formalizing agreements to reduce or end support. Our firm can consult with you if your situation qualifies to terminate maintenance, and if so how you may present your case fairly and evenly before the family law judge. We provide realistic solutions for Kansas residents who need assistance with divorce court issues, and strategize to reach the best outcome for our clients.
Talk to a Spousal Support Lawyer in Overland Park Today
At Joseph, Hollander & Craft, one of our Overland Park family law attorneys can help you with alimony modification, child support, divorce filing and more. We maintain offices in Kansas City, MO as well as in Lawrence, Overland Park, Topeka, and Wichita, KS for your convenience. Contact us today to see how we may be able to help with modifying or terminating your spousal support order.
