Spousal support

Spousal Support: Promoting Income Equity

It is very common for spouses to have unequal earnings during their marriage. Often, one spouse is able to contribute more to the overall financial needs of the family, while the other spouse can then contribute to the goals of the marriage in non-monetary ways. Decisions involving children can often lead to one spouse having less work experience at the end of a marriage if they were able to stay home to take care of the children. Sometimes, one spouse simply doesn’t have the education or qualifications that would allow them to earn as much as the other spouse.

Divorces and legal separations sever the parties’ ability to rely on one another the way they had during the marriage. One of the tools available to the Court to help the parties transition out of their marriage and into their respective financial independence is spousal support.

What Is Spousal Support?

Spousal support (or spousal maintenance/alimony) is one of the tools available in a divorce or legal separation to provide a bridge for each spouse toward respective independence from one another. It is usually in the form of court-ordered monthly payments that one spouse pays to the other. In Kansas, spousal support is time-bound, with Kansas law stating that spousal support cannot last for more than 121 months (10 years and 1 month). In Missouri, spousal support can be time-bound, but more often is referred to as “permanent but modifiable” maintenance. The amount of spousal support available depends on a lot of different factors. At a high level, this includes consideration of the financial need of one party compared to the ability of the other party to pay part (or all) of that need.

The public policy underlying spousal support is to promote equity between divorcing spouses by addressing economic disparities created during the marriage. Particularly where one spouse has sacrificed earning capacity or financial independence in reliance on the marital partnership. It is meant to provide a way for the financially dependent spouse to become self-sufficient and prevent the lower-earning spouse from needing public assistance. It can ensure that the lower-earning spouse is not faced with a drastic change to the standard of living they grew accustomed to during the marriage.

When Spousal Support May Be Awarded

Spousal support awards are highly fact-specific, and spousal support is not available in all cases. The fact that incomes differ does not automatically mean that spousal support will be awarded.

Spousal maintenance is most likely to be awarded where one spouse lacks sufficient property or earning capacity to meet reasonable needs, and the other spouse has the ability to contribute support. This is particularly true when the disparity is the result of marital roles, sacrifices, or long-term economic dependence. Judges often rely upon the following factors when awarding spousal maintenance:

Long term marriages – the longer the marriage, the stronger the possibility that finances were intertwined and that spouses took different roles during the marriage;
The clearer the income disparity, the more likely;
When one spouse sacrificed career opportunities in support of the other spouse’s career;
When one spouse takes primary childcare responsibilities and the other spouse worked;
The need for retraining/education for the financially dependent spouse;
Age, or health limitations;
Standard of living – preventing what could be perceived as a sharp, inequitable drop for one spouse’s standard of living while the other is able to maintain a significantly higher standard;
The presence of young or high-need children, when the financially dependent spouse remains the primary caregiver.

Spousal maintenance is less likely to be awarded:

In short-term marriages, particularly where both spouses are working and relatively self-sufficient;
When the spouses have comparable incomes/earning capacities;
When each spouse will have sufficient property from the division of assets and debts to meet their needs.

Spousal support is an issue that should be discussed with your attorney before your case even begins, or as early as possible during the process, so that your attorney can help you analyze your situation and determine whether it needs to be an issue in the case. Should you choose to work with an attorney at Whitsitt Fields, your attorney will carefully review these factors with you and help you decide what your options are related to spousal support.

Determining the Amount of Support

Kansas and Missouri have different approaches to how spousal support is calculated.

In Missouri, there is no formula. The court examines one party’s need versus the other party’s ability to pay, and carefully scrutinizes the claimed income and expenses, the assets and debts of each party, and numerous other factors.
In Kansas, the Court still reviews need and ability to pay. It also reviews all of the income, expenses, assets, and debts among many other factors. In addition, most Kansas counties have issued their own local guidelines for what they believe a reasonable calculation of spousal support could be. Kansas courts are not required to use these county guideline calculations, but they can provide reference to what the county considers reasonable. Each Kansas county’s calculation is usually a percentage of the difference between the gross incomes of each spouse. Consult with your attorney on what percentage your county currently uses. Also bear in mind that the percentage can vary depending on whether there is child support, the length of the marriage, and other factors.

The goal when a court awards spousal support is to create income equity—providing necessary support without placing an unreasonable burden on the paying spouse. Spousal support can also be paid in a lump sum, in periodic payments, or on a percentage of earnings or on any other basis.

It is essential to present accurate and thorough documentation to your attorney so that they can help you analyze what your options are when it comes to spousal support. Income records, tax returns, budgets, and other financial materials play an important role in determining maintenance awards. The attorneys and staff at Whitsitt Fields are adept at reviewing these kinds of financial materials, and will guide you through this process to obtain the best possible outcome for you.

Modifying Spousal Support

Like many aspects of family law, spousal maintenance awards are often modifiable. If you are unsure whether a previous spousal support judgment is modifiable, the attorneys at Whitsitt Fields can help you make that determination.

In Kansas, if spousal support modification is available and governed by Kansas law (as opposed to contractual arrangements), the Court can modify the amounts or other conditions for the payment of any portion of the spousal support originally awarded that has not already become due. However, spousal support cannot be modified upward (i.e., increased) without the consent of the party paying the support. No consent is required to modify spousal support downward. (See K.S.A. 23-2903.)

Kansas case law has then clarified that such a modification should include a showing of material, substantial, and continuing changes in circumstance. Usually, the circumstances warranting this kind of change would involve sudden job loss, health-related issues that affect income, or other unexpected events that create a situation where the payor can no longer reasonably afford the support ordered.

Missouri’s statute provides that a spousal maintenance order may be modified only upon a showing of changed circumstances so substantial and continuing in nature as to make the existing terms unreasonable (Mo.Rev.Stat. 452.370). Similar to Kansas, the situations where this is more likely to apply in Missouri include involuntary job loss, significant increase or decrease in either party’s income, or health issues affecting earning capacity.

Kansas and Missouri will both uphold divorce decrees that award nonmodifiable spousal maintenance.

Spousal maintenance can also terminate prior to the end of a specific term, through things like the death of the payor or recipient, the remarriage of the recipient, or even the recipient cohabitating with someone else.

The attorneys at Whitsitt Fields will help you navigate the intricacies of spousal support, and will seek to educate you on the options you have when it comes to the issues that surround spousal support. Having quality legal advice when it comes to spousal support can make a world of difference.

Why Legal Guidance Matters

Thoughtful legal representation helps bring clarity and resolution to these discussions. By focusing on objective financial information and the legal standards that guide maintenance decisions, an experienced attorney can help clients navigate these difficult conversations with confidence. At Whitsitt Fields, we approach spousal maintenance matters with both professionalism and empathy. We recognize that these cases involve not only financial calculations but also the challenge of rebuilding one’s life after a marriage ends.

Spousal maintenance laws involve detailed legal standards and financial analysis. Determining appropriate support often requires careful review of financial records, strategic negotiation, and clear presentation of evidence. The manner in which spousal support is modified, the events that can trigger early termination, and even the method of payment require careful attention to detail. An experienced attorney helps ensure that your interests are fully represented throughout the process—whether you are seeking maintenance or responding to a request for support.

How Whitsitt Fields Can Help

At Whitsitt Fields, we take pride in providing clear guidance and strong advocacy for our clients. Our team understands the complexities of spousal maintenance and works diligently to achieve fair outcomes that support long-term stability. Our attorneys take the time to understand your financial situation, as well as to understand your priorities, and will work hard to make sure you understand what options are available to you with respect to spousal support. With trusted guidance and dedicated advocacy, you can approach the process with clarity and peace of mind, knowing that experienced professionals are standing by your side.

If you’re faced with spousal support issues, the family law attorneys at Whitsitt Fields are here to help.