SPOUSAL SUPPORT & ALIMONY ATTORNEYS
IN OVERLAND PARK, KANSAS

Couples usually enter a marriage with the intention of building a life together, for better or for worse. Nonetheless, more than 2,000 couples filed for divorce in Johnson County, Kansas in 2019. Whatever they had built together is divided as they go their separate ways.

There are times when one spouse needs financial help to build a new life and the other spouse is capable of providing it. Although it sounds simple, alimony can be very complicated and is often a highly contentious part of a divorce.

If you are considering filing for divorce, have already started the process, or have been served divorce papers, you may be wondering if you can receive — or if you will have to pay — alimony. You have questions, and the team at Roth Davies LLC may have the answers you need. They have helped hundreds of clients in Overland Park and throughout Johnson County, Kansas through their divorce and on to the next chapter of their lives. Reach out today to schedule a consultation.

WHAT IS ALIMONY, SPOUSAL SUPPORT,
AND SPOUSAL MAINTENANCE?

Alimony, spousal support, and spousal maintenance are different terms for the court-ordered payment one spouse pays to the other during the divorce process or for a period after the divorce is finalized. Who pays alimony, if either spouse, depends on need, income, and resources — not gender.

WHAT TYPE OF ALIMONY IS AWARDED?

In most cases, alimony is temporary. In fact, Kansas law prohibits the court from awarding maintenance for longer than 121 months. At that time, the need for support can be reviewed and additional support awarded.

There are three types of alimony awarded in Kansas:

1. General support may be awarded when one spouse’s income is significantly higher than that of the other spouse.

2. Reimbursement support may be awarded to pay back a spouse who provided significant financial support to the household while the other spouse pursued an education.

3. Transition support may be awarded to a spouse who needs time to pursue education or training to qualify for employment that will provide adequate income for that spouse following the divorce.

WHAT ARE THE DETERMINING FACTORS?

A spouse must demonstrate the need for alimony, and the other spouse must have the financial ability to pay spousal maintenance while meeting their own financial obligations. Other factors the court may consider include:

• The length of the marriage

• The standard of living during the marriage

• The contributions of each spouse during the marriage

• The age and physical and mental health of each spouse

• The need for further education or training for a spouse to become self-sufficient

CAN EXISTING ALIMONY ARRANGEMENTS BE MODIFIED?

The court may order future alimony payments to be modified or ended under circumstances included in the divorce decree. The 121-month rule still applies, even in cases when the alimony award is modified.

If the divorce decree provides for the court to review the alimony award for potential modifications to maintenance, and the spouse receiving alimony files a motion for modification prior to the expiration of the original maintenance period, the court may hold a hearing on the motion to decide whether the alimony should be reinstated.

HOW DOES ALIMONY AFFECT TAXES?

In divorce cases settled after January 1, 2019, the payer is no longer able to deduct alimony payments from their income taxes, and the recipient is no longer required to report the spousal support as income. Since this change affects each spouse’s income and tax burden, it is wise to discuss award income and tax implications with an attorney.