In Kansas, the conduct of both parties is only one of the factors that a judge considers when deciding whether or not to award maintenance. Men and women are both eligible to receive maintenance from their ex-spouse.
It is important to note that judges have ultimate discretion as to whether or not to award maintenance. They are not required to award it, regardless of how dire the circumstances may be. However, before the judge will even begin to consider maintenance, the spouse seeking support must
- lack sufficient property to provide for his or her reasonable needs AND
- be unable to support his or herself through appropriate employment OR be the custodian of a child whose condition makes it appropriate for that custodian not to have employment outside of the home.
If either of these conditions is not met by a spouse, then that spouse cannot receive maintenance. If both are met by the spouse, the judge will then look at several other factors in determining whether to award spousal support, and if so the amount and duration the maintenance will be awarded for.
Some of these factors include
- The financial situation of the spouse seeking maintenance
- The time necessary for that spouse to acquire sufficient education or training, which would allow that spouse to find appropriate employment
- The amount both spouses earn
- The standard of living established during the marriage. Has the spouse become accustomed to a certain life style?
- The duration of the marriage
- The age, physical, and emotional condition of the spouse seeking maintenance
- The conduct of the spouses during the marriage
- And my personal favorite, any other relevant factors.
Generally, maintenance will not be a lifetime benefit or burden, depending on whether or not you are the person receiving or paying spousal support. It is important to stress again that the above factors are guidelines for a judge to use when deciding on whether or not to award maintenance. They are not set in stone.
A qualified, knowledgeable attorney makes a marked difference, and RS Law helps by cutting the red tape associated with spousal support. Alimony is not difficult to get in Kansas with the right attorney, and RS Law has the experience necessary to assist you in obtaining spousal support or avoiding payment of spousal support. The more complicated your situation, the more important your selection of an attorney is. RS Law is an excellent choice for alimony, spousal support or maintenance in Kansas. Let us help you make sense of a very complicated legal matter.