Spousal Maintenance

Alimony

It is a common occurrence that one spouse has significantly greater income and earning potential than the other spouse. An award of spousal maintenance, formerly known as "alimony," is a common tool that the law allows to equalize somewhat the incomes of divorcing parties, at least in part.

Neither Kansas nor Missouri law recognizes a concept of maintenance based on maintaining a lifestyle "according to what [a lower income spouse] has grown accustomed." Rather, the law requires a showing of (1) need of one party for spousal maintenance and (2) the ability of the other party to pay. Technically, if one of the two parts of the legal requirement for a maintenance award is missing, the court must decline the request for spousal maintenance.

As a practical matter, however, local courts have adopted mathematical formulas, or "guidelines" for calculation of spousal maintenance. This usually is a combination of a calculation based on the difference in the parties' incomes and the length of time the parties were married. The benefits of this approach are obvious—the judge will treat every request for maintenance in the same or similar manner, and the parties' lawyers generally are able to predict what the judge will award and can advise their clients accordingly.

Unfortunately, this approach fails to observe the individual requirements of any particular case. Overall financial and equitable circumstances can vary greatly from case-to-case. The particular needs and requirements of any particular situation often get lost in a formulaic, purely mathematical approach to spousal maintenance. Oftentimes the formula doesn't make much sense; sometimes the "disadvantaged" spouse has very good income or earning potential and really doesn't have a "need" for spousal maintenance, as required by law. Other times, the higher-earning spouse really doesn't have enough disposable income to be paying maintenance to anyone—in other words, he doesn't have the "ability to pay," as also required under the law before a judge can award maintenance. Finally, sometimes the formulaic approach is too low in light of the need of a disadvantaged spouse and perhaps the sacrifices he or she has made throughout the marriage.

Nevertheless, because both judges and attorneys are so accustomed to approaching spousal maintenance in this way, it can be a very difficult task to persuade the judge (and opposing counsel, if we are trying to settle the case short of trial) that he should forego the formulaic approach and to closely examine the specific facts of your particular case. If you are facing a divorce in which you anticipate spousal maintenance will be a large and perhaps contentious issue, you need an experienced divorce attorney to evaluation your case, to advise you and to represent your interest. Contact Martin & Wallentine today to discuss your particular situation with a divorce lawyer.