Divorce Alimony in Kansas
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When a married couple opts for termination of marriage, they must consider a number of factors. Marriage is not only a union of two people, but it is also sharing of responsibilities and duties regarding life. With a divorce, these all responsibilities have to be separated including the financial and social ones. Divorce alimony in Kansas is one such aspect of a marital dissolution. It is a kind of assistance or compensation given to a spouse from the other to overcome the economical problems that have occurred after separation.
The couples seeking legal termination of marriage in this state will have to comply with the family laws to apply for support. Though there are no separate set of regulations related to spousal maintenance, a part of family laws contains several provisions about it. These statues are based on the central guidelines. But, the detailed implementation may differ from county to county. There are several counties in Kansas that have developed separate formula for computation of the amount and duration of maintenance.
Guidelines regarding Divorce Alimony in Kansas
If the spouses apply for a court trial for spousal support, the court ponders over the issue by taking the following factors into consideration-
The Kansas Statutes of Chapter 60 in Article 16 - Subject 1610 addresses the topic regarding the guidelines for determining maintenance. The other option for obtaining alimony is to craft a mutual agreement by discussion. The partners can decide the type and amount together after taking all requirements into account. Such agreement is approved by the court if the judge finds it lawful and satisfactory.
- If the court concludes that a specific spouse is failing to maintain the standard of living that this spouse was experiencing in marital life, the court awards maintenance to such person.
- The duration of the marital life has a definite effect on the amount. As per the courts in this state, a long duration of married life will result into a permanent maintenance order.
- The court gives due consideration to the grounds for dissolution. If the court concludes that the spouse has been guilty of marital misconduct that has led to the divorce, then this conclusion has an impact on the determination of support order.
- The capacity of the spouses to earn money is of considerable importance. The court considers and compares the current income as well as the income generating potential in the future of both the spouses.
- The court compares the assets of both the partners. After the distribution of property in the legal proceedings, the amount of property owned by these partners is a crucial factor to finalize the amount of spousal support.
- The age of both the partners is also a vital factor in the decision regarding maintenance. It can affect the calculation in the following manner:
- If the age of one of the partners is such that it is impractical for this partner to become employed to fulfill their own requirements, then such a partner is given maintenance.
- Let us assume that the payer spouse is economically strong. However, this spouse is on the verge of retirement. Then, the spousal maintenance is awarded for a specific number of months or years.
Highlights of Divorce Alimony in Kansas
- Depending on the financial circumstances of the spouses, the court decides whether alimony should be paid as a lump sum or on a periodic basis or as a percentage of the earning of the payer.
- The court has full discretion regarding the amount and period of payment. After due consideration of all circumstances, the court decides an equitable, just and fair plan.
- Generally, short-term spousal maintenance is not paid for a period more than 121 months. In exceptional cases, such payment may be extended unto some period.
- The permanent maintained have to be paid till the beneficiary remarries or dies. In both cases, the order will be considered as terminated without any further jurisdiction.
- Let us consider that the original decree comprises of provisions that empowers the court to hear subsequent motions. It is expected that the divorced spouse may file such motions prior to the completion of the period of 121 months. During such a motion, the court can review the payment structure by increasing the amount or period.
It is to be noted that legal provisions regarding alimony are constantly updated by the amendments. So, it is better to rely on the legal advice provided by the attorneys. If you want to handle this issue on your own, you can approach divorce counselors or mediators for assistance.