Is alimony based on need or fault?
In Kansas, alimony is determined based on need. The court weighs several factors when determining alimony, including each spouse’s financial needs and resources, the length of the marriage, and the standard of living established during the marriage. The court takes into consideration the length of time needed for either spouse to become employed or obtain training or education to find employment. Although fault is taken into consideration when determining the amount of alimony, it is not necessarily a deciding factor. Typically, the fault of either party is only considered when the court believes it is relevant to the issue of alimony. For example, if one spouse is at fault for the breakdown of the marriage, this may be used to weigh the amount of alimony paid. It is important to understand that in Kansas, alimony is not awarded for punitive or vengeful purposes, but instead is intended to provide financial stability and support for the spouse that needs it. Thus, alimony is based primarily on need rather than fault, and with the court’s consideration of other relevant factors.
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