K.S.A. 1998 Supp. 60-1610(b)(2) allows the court to award maintenance in an amount the court finds fair, just and equitable under all the circumstances. The trial court is not required to award any maintenance.
The Kansas Courts have included the following as factors in determining the amount of maintenance to award:
1. age of the parties;
2. the parties' present and prospective earning capacties;
3. the length of the marriage;
4. the property owned by the parties;
5. the parties' needs;
6. the time, source and manner of acquisition of property;
7. the family ties and obligations; and
8. the parties' overall financial situation.
These are the same basic factors listed in the Kansas statute for dividing property.
In addition, the court may consider if one spouse is awarded income producing property, health of the parties, ability to work, time necessary to acquire additional job skills, standard of living during the marriage and comparative earning capacity of each spouse are also relevant considerations.
The need of the dependent spouse combined with consideration of the ability of the other spouse to pay is the predominant principle used in Kansas today. The Kansas Court has reiterated that maintenance is not be imposed as a penalty but rather is a substitute for a duty of support.
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