Olathe Spousal Support Attorney

Representing Clients Throughout Johnson And Wyandotte Counties

Spousal support, which is also referred to as alimony or spousal maintenance, is intended to help one party in a divorce maintain a standard of living that was set during the marriage. Unlike child support, which is determined using a precise mathematical formula from the Kansas Child Support Guidelines, spousal support is left more to the discretion of the court or to an agreement by the divorcing parties. For that reason alone, it is important to work with an experienced family law attorney who can protect your interests, whether you expect to collect spousal support or pay it.

Kansas law states that the court may award maintenance to either party "in the amount the court finds to be just, fair and equitable under all of the circumstances." Maintenance is not intended to be permanent. Rather, it is awarded based on need and is designed to help the recipient remain financially solvent while adjusting to the new financial realities of post-divorce life.

How Spousal Maintenance Is Determined

The court considers a number of factors when awarding spousal maintenance. These include:

  • The length of the marriage
  • The present income of both parties
  • The earning capacity of both parties
  • Any role played by either party in advancing the other party's earning potential through education or career advancement
  • The physical and mental health of both parties and any medical needs
  • Assets owned by both parties, including a review of the division of marital assets and debt

Spousal support may be modified or cease altogether if circumstances warrant. The court will often cease payments if the recipient of spousal maintenance remarries or cohabitates with another individual.

A Lawyer Who Is Committed To You

The fallout of a divorce has too many long-term effects to put your financial foundation at risk. Our law firm protects your interests at every turn. We welcome the opportunity to answer your questions and assess your situation during a free consultation. Contact us to schedule an appointment. We work with clients throughout Johnson and Wyandotte counties, including residents of Olathe and Overland Park.

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