When is maintenance (a/k/a alimony) granted in Kansas? As with most legal questions, the answer is that it depends. Kansas law provides that the court may grant maintenance if that amount is fair, just, and equitable under the circumstances.
Judges in Kansas look at a number of factors when determining whether to award maintenance. These factors include but are not limited to:
1.) The age of the parties;
2.) The parties’ present and prospective earning capacities;
3.) The length of the marriage;
4.) The property owned by the parties;
5.) The parties’ needs;
6.) The time, source and manner of acquisition of property;
7.) The family ties and obligations; and
8.) The parties’ overall financial situation.
There are several practical considerations that the court may also take into account. One factor the court will often consider is whether a spouse has foregone opportunities for a career, and whether that has affected his or her future standard of living. The Court may also consider awarding rehabilitative maintenance where a spouse is ultimately capable of self-support but needs temporary help obtaining a job or obtaining the skills to obtain a job.
Several counties in Kansas also have Family Law Guidelines that set forth additional considerations. Some counties even have a formula for calculating the maintenance amount and duration. However, these are just guidelines, and the Court is ultimately responsible for considering the facts of the case and entering an order that is fair, just, and equitable.
For further information on maintenance in the state of Kansas, please seek advice from an experienced family law attorney.
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