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Going through a divorce can be a stressful, contentious experience even under the best of circumstances – one filled with many pressing questions about your future. One that might be on the top of your mind is, “How long will spousal support last?” The duration of these payments can vary based on many factors, but the state provides fairly clear guidelines that can give you an idea of what to expect. In this post, we will delve into the specifics of spousal support duration in Kansas, shedding light on how the state determines this crucial aspect of post-divorce financial arrangements.
What is spousal support?
Spousal support is commonly known as alimony and denominated as maintenance under Kansas state law. It is a financial assistance that one spouse may be required to pay to the other following their divorce. The primary purpose of spousal support is to ensure that both parties maintain a similar standard of living to what they were accustomed to during the marriage, particularly in cases where one spouse may have sacrificed career opportunities or personal growth to support the household or raise children. It’s a recognition that marriage is a partnership, and even after it ends, there may be financial disparities that need to be addressed.
State law does not mandate the payment of maintenance. Rather, a judge must weigh the facts of the case and decide based on the facts at play. Furthermore, it can be paid in many ways, including as a single lump sum, in regular payments over time, as a percentage of earnings, or on any other basis as the divorcing spouses and courts see fit.
Is there an upper threshold on how long maintenance will last in Kansas?
Kansas state law specifically states that a court cannot order maintenance to last for more than 121 months, or just over 10 years. Furthermore, support payments will end if one of the spouses dies or when the recipient spouse remarries.
What factors affect the size and duration of maintenance payments in Kansas?
The amount and duration of maintenance payments are determined based on various factors, including:
- The length of the marriage
- The age of each spouse
- The financial and non-financial contributions of each spouse
- The needs and earning capacities of both parties
- The overall well-being of the receiving spouse
Courts in Kansas consider these and other criteria to make a fair determination. Spousal support can be temporary, lasting only until the divorce proceedings are finalized, or it can be long-term, extending for a specified period after the divorce or, in rare cases, indefinitely.
Can maintenance agreements be modified after the fact?
Yes, Kansas allows for the modification of support arrangements on the condition that there has been a material change of circumstances since the divorce decree. However, the affected party must be notified of the intent to change the arrangement, and the ex-spouse making the payments must consent to an increase or acceleration in the amount owed.
Contact Colgan Law Firm LLC for help with your divorce
The awarding of spousal support could have a major effect on your future, whether you’re the spouse expected to make the payments or the one likely to receive them. As such, you need an experienced Kansas divorce attorney in your corner, protecting your rights and advocating for your interests. You need Colgan Law Firm LLC.
Our lawyers are proud to serve the people of Leavenworth, Wyandotte, and Johnson counties, and we have decades of experience to put at your disposal. Contact us today for a confidential consultation about your case, and we’ll explain in detail what you can expect.