Whether you have been the primary wage earner in your marriage or you have been dependent on your husband or wife, you may be entitled to more than you realize when assets are divided in your divorce. Talk to a lawyer to learn how to determine and protect your rights concerning property, pensions, retirement accounts, COBRA health insurance, and maintenance.
Kansas law provides that "In making the division of property the court shall consider the age of the parties; the duration of the marriage; the property owned by the parties; their present and future earning capacities; the time, source and manner of acquisition of property; family ties and obligations; the allowance of maintenance or lack thereof; dissipation of assets; the tax consequences of the property division upon the respective economic circumstances of the parties; and such other factors as the court considers necessary to make a just and reasonable division of property." K.S.A. 60-1610(b)
Maintenance, formerly called alimony, can be awarded in a divorce or legal separation. The court will consider a number of factors to determine if one qualifies for maintenance. Maintenance is based on one party's need for support and the other party's ability to pay support. In Kansas, the statute K.S.A. 60-1610(b) states the court may award maintenance in an amount that is fair, just and equitable under all the circumstances. Call Linda K. Howerton for answers your questions about maintenance and property division.