Kansas Spousal Maintenance (Alimony) Laws: How It Works (2026)

Kansas does not use the word "alimony" in its statutes. Court-ordered post-divorce spousal support is called maintenance, and it is governed primarily by K.S.A. 23-2902, 23-2903, and 23-2904. There is no statewide formula. A judge determines whether to award maintenance, how much to award, and for how long, based entirely on the facts of the case.

Information last verified on June 1, 2026.

Estimate your situation: Try our free Kansas alimony calculator to estimate spousal support and see the factors a Kansas court weighs.

What Is Maintenance in Kansas?

Maintenance is a court order requiring one spouse to make regular payments to the other after a divorce or legal separation. It is the Kansas equivalent of what most states call alimony or spousal support.

Kansas courts may award maintenance to either spouse. The statute does not favor one gender over the other. The goal is to address economic disparity between the spouses when one party cannot reasonably meet their needs after the marriage ends.

Under K.S.A. 23-2902(a), the court may award maintenance "in an amount the court finds to be fair, just and equitable under all of the circumstances." Under K.S.A. 23-2902(b), payments may take any form the court considers appropriate: a lump sum, periodic payments, a percentage of earnings, or any other basis. The original decree may also make payments modifiable or terminable on conditions the court specifies (K.S.A. 23-2902(c)).

The 121-Month Statutory Cap and Renewal

One of the most distinctive features of Kansas maintenance law is a hard statutory ceiling on duration.

The 121-Month Limit

Under K.S.A. 23-2904, a court may not award maintenance for a period exceeding 121 months in any single order. That works out to just over ten years. This cap applies both to the original decree and to any subsequent modification or reinstatement order; no single period may exceed 121 months.

The cap limits what a court may order, not what spouses may agree to between themselves. A court-ordered period longer than 121 months exceeds the authority K.S.A. 23-2904 grants, so a judge cannot enter one. Spouses can still contract for a longer term: under K.S.A. 23-2712, a separation agreement the court finds valid, just and equitable is incorporated in the decree, and its provisions other than those affecting minor children are not subject to later modification by the court except as the agreement prescribes or as the parties afterward consent.

Reinstatement After the Cap

The statute also creates a reinstatement mechanism. If the original decree expressly reserves the court's power to reinstate maintenance, the recipient may file a motion before the current period expires and ask the court to continue payments. The court may reinstate payments in whole or in part, for another period of up to 121 months, conditioned on whatever circumstances the court prescribes.

Importantly, a recipient may file subsequent reinstatement motions before each successive period expires. This means maintenance can, in theory, continue in rolling 121-month increments indefinitely, but only if the original decree reserved that authority and the recipient acts before each period ends. A recipient who fails to file before the period expires loses the right to reinstatement. If your decree reserved that power and the current period is running out, ask a Kansas family lawyer for a free case evaluation on filing the reinstatement motion before it expires (attorney advertising).

Retroactive Modifications

K.S.A. 23-2904 also permits a court to make a modification of maintenance retroactive, but only to a date at least one month after the motion to modify was filed. Modifications cannot reach back further than that.

How Courts Decide the Amount

Kansas gives courts wide discretion on the amount of maintenance. There is no mathematical formula in the statutes. Instead, the "fair, just and equitable" standard of K.S.A. 23-2902(a) directs the judge to weigh the totality of the circumstances.

Kansas appellate courts have identified factors that are relevant to the analysis, including:

• Each spouse's earning capacity and financial resources. A spouse with strong earning potential or substantial assets will receive less, or no, maintenance. The requesting spouse's ability to meet their own needs is central.
• The length of the marriage. Longer marriages generally support larger and longer awards. A spouse who spent many years out of the workforce supporting the family faces a steeper path to self-sufficiency.
• The age and health of both parties. A spouse who is older or has health conditions limiting employment prospects is more likely to receive a significant award than a younger, healthy spouse.
• The marital standard of living. Courts look at the lifestyle the couple shared as a reference point for "reasonable needs."
• Contributions to the marriage. Non-financial contributions such as raising children, supporting a spouse's career, are all relevant to the analysis.
• Each spouse's current income and the disparity between them. A large income gap between the spouses is often a key driver of maintenance awards.

Local Court Guidelines Are Non-Binding

Several Kansas judicial districts, including Johnson County's 10th Judicial District, have historically circulated informal guidelines suggesting a formula, for example, a percentage of the difference in the spouses' monthly gross incomes with a duration based on marriage length. These are local customs or administrative aids, not statutes and not binding rules. A judge in Johnson County or anywhere else is free to depart from any local guideline. Do not treat any local guideline as a statewide formula or as a floor or ceiling on what a court must award.

If you are in a specific judicial district, a local family law attorney can tell you whether informal guidelines exist and how much weight that court tends to give them in practice.

When Maintenance Ends or Changes

Automatic Termination

Kansas decrees ordinarily provide that maintenance ends on the death of either party or the remarriage of the recipient spouse, and where the decree says so, those events end the obligation on their own terms. K.S.A. 23-2902 through 23-2905 do not enumerate any statutory termination event, so a decree that is silent does not clearly end payments by itself. A paying spouse in that position should obtain a court order before stopping payments rather than assume the obligation has lapsed.

Cohabitation

Kansas statutes do not list cohabitation as an automatic termination event. However, the original decree may include a cohabitation clause that suspends or terminates payments if the recipient lives with a new partner. If no such clause exists, the paying spouse would need to petition the court for a modification and show a substantial change in circumstances.

Modification

Under K.S.A. 23-2903, a court may modify the amount or conditions of maintenance for any portion that has not yet become due. There is an important asymmetry: a court may reduce payments without the paying spouse's consent, but it may not increase or accelerate the total liability beyond what was set in the original decree without the consent of the party obligated to pay.

Either party may file a motion to modify. Courts generally require a showing of changed circumstances to justify modification, though the Kansas statute does not codify a specific "substantial and continuing" standard the way some other states do.

Non-Modifiable Awards

A decree can designate a maintenance provision as non-modifiable. If it does, the court loses jurisdiction to change that provision even if circumstances change substantially.

Is Kansas Maintenance Taxable?

Federal tax law changed significantly for divorces finalized after 2018. Under the Tax Cuts and Jobs Act:

• For any divorce or separation agreement executed after December 31, 2018, maintenance payments are not deductible by the payer and are not taxable income to the recipient.
• For agreements executed on or before December 31, 2018, the old rules still apply: payments are deductible to the payer and taxable income to the recipient, as long as the agreement has not been modified to adopt the new rules.

This means that for most divorces being finalized today, maintenance has no direct federal income-tax consequences for either spouse. Both parties should consult a tax professional to understand the impact on their specific situation. For the authoritative IRS guidance, see IRS Topic No. 452.

How Maintenance Differs from Kansas Child Support

Maintenance and child support are separate legal obligations that are determined independently.

Kansas child support is calculated using the Kansas Child Support Guidelines, which produce a specific dollar figure based on both parents' incomes, overnights, and the number of children. Child support is mandatory when a court establishes custody. It is owed for the benefit of the children.

Maintenance, by contrast, is discretionary, has no formula, and is owed to the former spouse. Child support ends when the child reaches the age of majority (generally 18 in Kansas); maintenance ends on the date the decree specifies, or earlier if the decree provides for termination on an event such as death or remarriage.

The two obligations are calculated separately. A maintenance award does not offset or eliminate a child support obligation.

The Broader Picture

For a state-by-state comparison of how spousal support works across the country, see Alimony Laws by State.

---

Disclaimer: This page provides general legal information about Kansas maintenance law, not legal advice. Maintenance cases are highly fact-specific, and outcomes depend on the particular circumstances, the applicable law, and the judge's discretion. Consult a licensed Kansas family law attorney for guidance on your situation.

Last updated: June 1, 2026.

More Kansas Laws

• Kansas Child Custody Laws
• Kansas Child Support Laws
• Kansas Common Law Marriage Laws
• Kansas Divorce Laws

Frequently Asked Questions

Does Kansas award permanent alimony?

Kansas law caps a single maintenance period at 121 months (just over 10 years) under K.S.A. 23-2904. Truly open-ended or lifetime maintenance is not available by court order. However, if the original decree reserves reinstatement authority, a recipient can seek successive 121-month periods, meaning maintenance could continue long-term in rolling increments.

What is the 121-month rule in Kansas?

K.S.A. 23-2904 prohibits any single maintenance order from exceeding 121 months. This applies to the original decree, any modification, and any reinstatement. The cap governs what a court may order, not what spouses may agree to: under K.S.A. 23-2712, maintenance terms in a separation agreement the court finds valid, just and equitable are incorporated in the decree and are not subject to later modification by the court except as the agreement prescribes or as the parties afterward consent. If the decree reserved reinstatement authority, the recipient may also file a new motion before expiration to begin a fresh 121-month period.

Is there a formula for Kansas maintenance?

No. Kansas has no statewide formula. Courts apply a 'fair, just and equitable' standard under K.S.A. 23-2902(a). Some judicial districts have circulated informal local guidelines suggesting a percentage-of-income-difference calculation, but these are non-binding customs. A judge is not required to follow them.

Does remarriage end maintenance in Kansas?

Usually, because most Kansas decrees say so. Maintenance ends on the recipient's remarriage where the decree provides for it. Kansas maintenance statutes themselves list no termination event, so if the decree is silent, do not assume payments stop automatically. Ask the court for an order terminating maintenance rather than stopping payments unilaterally, which risks a contempt finding.

Can a Kansas maintenance order be modified?

Yes, for the portion of maintenance that has not yet come due. Under K.S.A. 23-2903, a court can modify the amount or conditions of unpaid maintenance. However, it cannot increase or accelerate total liability beyond what the original decree set without the paying spouse's consent. A decree that expressly designates maintenance as non-modifiable cannot be changed.

What happens if the paying spouse loses their job?

A job loss is not automatic grounds for stopping payments. The paying spouse must file a motion to modify and persuade the court that changed circumstances justify a reduction. Until the court enters a modification order, the original payment obligation continues. Stopping payments without a court order can result in contempt.

Can a prenuptial agreement waive Kansas maintenance?

Yes. Kansas courts generally honor prenuptial agreements that waive or limit maintenance, provided the agreement was entered into voluntarily, with adequate financial disclosure, and is not unconscionable at the time of enforcement. Parties should have a family law attorney review any prenuptial agreement before signing.