During a divorce, emotions can run high, leading to contention over topics such as child support, child custody, division of property, and potential spousal support. When these discussions come to the forefront of a divorce case, a Topeka spousal support lawyer can help guide you through the available options.
The purpose of spousal support, otherwise known as alimony or maintenance, is to ensure that the future of one of the divorcing parties is provided for, especially when one spouse’s income is significantly higher than the other’s. These can be tension-fraught cases, but an attorney can be there to support you every step of the way as you pursue the spousal support you are due.
Spousal Support in Topeka, KS
In Topeka, KS, spousal support is a payment made by one divorcing spouse to another in order for the lower-earning spouse to continue a standard of living similar to what they experienced during their marriage. The main goal of spousal support payments is to aid the spouse receiving the support in gaining their own financial independence. Typically, this support is paid by using one of the following methods:
- A payment of a single lump sum, either paid all at once or through certain installments
- Monthly or other periodic payments up until a set certain date
- A payment of a percentage of the spouse’s income who is providing the spousal support
How Do You Know If You Are Eligible for Spousal Support?
In Kansas, there are several factors that will play into your eligibility to receive spousal support. These factors might include any combination of the following:
- The income of your spouse
- Your income
- The length of your marriage
- Your relationship status
In Kansas, there is no set time limit for how long your marriage must have lasted in order to start receiving spousal support payments. However, it is important to keep in mind that if you are remarried or begin living with a partner, you may lose your right to spousal support. Typically, the court will assume that your financial responsibility is now shared between you and your new partner.
Factors the Courts Will Consider When Making a Determination on Spousal Support
When deciding on spousal support, the divorcing couple can either agree on the payment themselves or take the case to court in order for a determination to be made. When the courts make this final determination, their decision is often based on a litany of factors. Typically, factors that the judge will take into account when making spousal support decisions include:
- The age of the divorcing parties
- The duration of the marriage between the divorcing couple
- The present and future earning capability of each divorcing party
- The property owned by each spouse
- The physical and mental health and well-being of each individual
- The financial resources of each individual separately
- The overall needs of each party at the time of the divorce and their separate financial situations
- The contributions of each spouse to their marital assets and overall marriage
- The ability of the paying party to make the necessary payments while still being able to meet their own financial needs
- The familial obligations of each spouse, such as the custody and support of their own children
- The contribution of one spouse to the other spouse’s education or career throughout the duration of their marriage
- The amount of time a spouse has been absent from employment or the job market, as well as their reasoning for this absence
- The time that might be necessary for one spouse to obtain the training or education they need to pursue employment
FAQs
Q: How Long Will My Spousal Support Last in Kansas?
A: Typically, in Kansas, the duration of your spousal support payments will depend on aspects such as the length of your marriage. Overall, the time for which one spouse can receive spousal support cannot exceed 121 months. However, if both divorcing spouses agree to it in their divorce agreement, this payment period can exceed the 121-month limit.
Q: Can a Man Be Awarded Spousal Support in Kansas?
A: Many men can find themselves wondering if they will be awarded spousal support payments from their soon-to-be ex-wife. In Kansas, anyone, regardless of their gender, can pursue a petition for spousal support or maintenance. Spousal support can also come into play between divorcing couples of the same sex. However, the court will consider many factors before awarding alimony.
Q: How Much Does a Spousal Support Attorney Cost in Topeka, KS?
A: In Kansas, it can be difficult to assign an exact estimate of how much a spousal support attorney might cost. This is because there are several factors that can come into play when deciding on the final costs of a divorce case. These factors typically include the complexity of your divorce and spousal support case, the cooperation of your spouse and their legal team, and the experience of your attorney.
Q: Is Spousal Support Required for All Divorce Cases?
A: In Kansas, spousal support is not required for all divorce cases, and many divorce cases might not be eligible. If the divorcing parties make a similar amount of yearly income or if one of the spouses waives their right to support, this topic does not need to be addressed in a divorce agreement. Spousal support agreements are typically only applicable in divorces where one spouse makes a higher income, or one is the primary caregiver.
Contact a Trusted Topeka, KS, Divorce Lawyer Today
At Stange Law Firm, our team of trusted Topeka divorce and family lawyers is passionate about offering you the support necessary to navigate these trying times. If you are looking to retain the services of an experienced spousal support attorney, our family lawyers are standing by.
Contact our offices today and schedule a consultation. Let us review the unique details of your spousal support case and offer our knowledge and skills to help you pursue a positive outcome.
