Kansas Lawyer Protects Spousal Maintenance Rights

Wichita attorney helps reach fair awards of post-divorce support

Spousal maintenance, also known as alimony, is court-ordered financial support paid by one spouse to another during and/or after divorce. Multiple factors can influence the amount and duration, so disputes over support can complicate divorces, making the process costlier and more acrimonious. At David A. Hawley, P.A. I am a family law attorney with 25 years of experience. I guide clients through the legal process to achieve fair resolutions that protect their finances and maintain their standard of living. Based in Andover, I serve clients in the greater Wichita area and beyond.

Understanding spousal maintenance in Kansas

In Kansas, spousal maintenance is designed to provide stability during a dependent spouse’s transition to self-support. An award is not automatic but is granted if one spouse lacks sufficient property or income for reasonable needs. Spousal maintenance is also gender neutral, so either spouse can petition the court based solely on their financial status. Spouses most often request maintenance in divorce petitions, along with child custody and child support. Courts will consider marital misconduct in determining awards only if it has impacted the couple’s economic situation. 

Factors for determining the amount and duration of spousal maintenance

Kansas courts weigh multiple statutory factors to set the maintenance amount and duration. Key considerations include:

• Length of the marriage 
• Standard of living established during the marriage
• Spouses’ ages and health
• Each spouse’s earning capacity 
• Each spouse’s additional financial resources 
• Contributions to child-rearing
• Outcome of property distribution
• Tax implications of maintenance awards

Family courts weigh the ability of the parties to become self-sufficient. For shorter marriages, maintenance will likely be of limited duration. The outer range is about 10 years (121 months). But the duration can be longer in extraordinary circumstances, such as where a dependent spouse has been out of the workforce, does not have current job skills and cannot be expected to become self-supporting.

Different types of maintenance arrangements

Kansas recognizes several types of maintenance to suit various circumstances. Temporary maintenance during divorce proceedings covers essentials like housing. Rehabilitative maintenance aids education or training for re-entry into the workforce. Reimbursement maintenance compensates for marital investments, like funding education. Permanent maintenance, although rare, can be granted to spouses with ongoing dependencies, like disability. Arrangements can be lump-sum or periodic and are modifiable unless agreed otherwise. 

Modifying or terminating spousal maintenance in Kansas

Courts can modify or terminate maintenance orders if there are shown to be substantial changes in circumstances. These may include changes to income or a dependent spouse’s cohabitation or remarriage. The party requesting the modification must file a motion with the court, providing evidence of what warrant adjustment. Courts carefully scrutinize requests for good faith in order to prevent abuses. Termination of maintenance occurs upon the payee’s remarriage or either party’s death. 

Contact an experienced Wichita family law attorney for spousal maintenance disputes. 

At David A. Hawley, P.A. in Andover, Kansas, I help clients throughout greater Wichita and beyond resolve conflicts over spousal maintenance during and after divorce. Call me today at 316-469-6809 or contact me online to arrange a consultation.