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Kansas Spousal Support Calculator

Calculate Maintenance Under KSA 23-2902 — Johnson County Guidelines & 121-Month Statutory Cap

📋 Johnson County Bar Association Guidelines (2022) — Widely Referenced Statewide
Amount: (Payor Income − Recipient Income) × 20% to 25%
Duration: ⅓ of Marriage Length (months)
⚠️ Statutory Maximum: 121 months (10 years, 1 month) — KSA 23-2904
Kansas has no statewide statutory formula. These guidelines are used as a benchmark across counties but courts have full discretion under KSA 23-2902.
Use this free Kansas spousal support calculator to estimate maintenance under Kansas Statutes KSA 23-2902. Whether your divorce is in Overland Park (Johnson County), Wichita (Sedgwick County), Topeka (Shawnee County), or anywhere else in Kansas, this tool applies the Johnson County 20% income-difference guideline, the one-third marriage duration rule, and the 121-month statutory cap. Wondering how much alimony you may pay or receive? Enter your details below for a step-by-step estimate. Always consult a licensed Kansas divorce attorney for advice specific to your case.

Income Information

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Marriage Details

Please enter a valid duration between 0–100 years
Please enter a valid past date
Marriage less than 5 years? (auto-set from duration)
Marriage 20+ years? ℹ️Marriages of 20+ years may receive extended maintenance. The one-third rule still applies but the 121-month cap becomes the practical ceiling.
Is recipient custodial parent? ℹ️Check if the maintenance recipient has primary physical custody of minor children from the marriage.

Kansas-Specific Factors

Domestic violence involved? ℹ️Kansas courts may increase maintenance for victims under KSA 23-2902. Awards are typically 10–20% higher.

Kansas Domestic Violence Impact (KSA 23-2902):

  • 10–20% increase in maintenance amounts typically awarded
  • May qualify for longer duration regardless of marriage duration
  • Court may order additional therapy/rehabilitation costs
  • Protective orders can affect temporary support calculations

See: Kansas Statutes KSA 23-2902

Fault-based divorce? ℹ️Kansas is a no-fault state under KSA 23-2701. Fault rarely affects maintenance. Economic misconduct may be considered in rare cases.

Kansas Fault Considerations:

  • Kansas is primarily no-fault under KSA 23-2701 — fault rarely affects maintenance
  • Egregious misconduct may be considered in rare cases
  • Economic misconduct (hiding assets, intentional unemployment) may affect awards

See: In re Marriage of Bradley, 258 Kan. 39 (1995)

Kansas Professional License Rules:

  • Courts may order support during license maintenance periods
  • Continuing education costs may be factored into awards
  • Malpractice insurance costs considered for medical professionals

See: In re Marriage of Powell, 231 Kan. 456 (1982)

Kansas Cohabitation Rules:

  • Maintenance terminates automatically on remarriage
  • Automatic termination clauses for cohabitation are enforceable (Welter, 2020)
  • Without a clause, payor must petition court and prove financial interdependence (Wherrell, 2002)

See: In re Marriage of Welter, 311 Kan. 519 (2020); In re Marriage of Wherrell, 274 Kan. 984 (2002)

Needs & Resources

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Please enter a valid age between 18–100

Kansas Retirement Rules (KSA 23-2902):

  • Early Retirement (55–64): Courts examine whether voluntary or health-related
  • Normal Retirement (65+): May be grounds for modification (Vandenberg, 2010)
  • Retirement Accounts: IRA/401k withdrawals may be considered as income
  • Social Security: Benefits may substitute for maintenance payments

See: In re Marriage of Vandenberg, 43 Kan. App. 2d 697 (2010)

Earning Capacity

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Recipient sacrificed career for marriage?
Recipient has a disability?

Duration Factors

Maintain marital standard of living?
Recipient has significant separate property?
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Please enter a valid age between 18–100
Disclaimer: This calculator provides estimates only. Kansas courts have broad discretion under KSA 23-2902. Actual awards may differ. Consult a licensed Kansas family law attorney.
Important Legal Note: Kansas courts have broad discretion under KSA 23-2902. Awards must be "fair, just and equitable under all circumstances." The 121-month cap under KSA 23-2904 is an absolute ceiling for court-ordered periodic maintenance. Without a reservation of jurisdiction in the decree, maintenance cannot be extended beyond the ordered period.

Kansas Spousal Maintenance Calculation Results

Maintenance Type Determination

Recommended Type:

Primary Factors:

Monthly Maintenance Amount

Guideline Amount:

Statutory Basis:

Duration of Maintenance

Recommended Duration:

Kansas Guidelines:

Judicial Considerations

Likely Judicial Range:

Key Factors:

Kansas Maintenance Case Law

In re Marriage of B.R.M. (2026)
128,813 (Kan. App. Feb. 13, 2026)

The Kansas Court of Appeals affirmed a district court's maintenance determination after a 13-year marriage, confirming that trial courts have broad discretion when applying KSA 23-2902 factors. The court upheld income imputation decisions and reinforced that appellate review is for abuse of discretion only. Awards must be "fair, just and equitable under all of the circumstances."

In re Marriage of Welter (2020)
311 Kan. 519 (2020)

The Kansas Supreme Court held that automatic termination clauses in maintenance agreements are enforceable. If the decree provides for automatic termination upon cohabitation, the court loses jurisdiction to modify maintenance after that triggering event occurs.

In re Marriage of Vandenberg (2010)
43 Kan. App. 2d 697 (2010)

Retirement can constitute a material change in circumstances justifying modification or termination. The reasonableness of retirement at the payor's age and financial circumstances is the key inquiry.

In re Marriage of Wherrell (2002)
274 Kan. 984 (2002)

Cohabitation alone does not automatically terminate maintenance obligations absent an automatic termination clause. The payor must demonstrate that cohabitation has resulted in a change in the recipient's financial needs.

In re Marriage of Bradley (1995)
258 Kan. 39 (1995)

Courts have broad discretion in maintenance awards and no single factor is determinative. Maintenance decisions must be based on the specific circumstances of each case under KSA 23-2902.

Modifying Maintenance in Kansas

Under KSA 23-2903, maintenance can be modified upon a showing of a substantial and continuing change in circumstances.

1. Legal Standards for Modification
Substantial and Continuing Change Required: The change must be material and ongoing — temporary fluctuations are insufficient (KSA 23-2903).
Automatic Termination on Remarriage: The recipient's remarriage results in automatic termination.
Automatic Termination Clauses Are Enforceable: If the decree provides for automatic termination upon cohabitation, the court loses jurisdiction to modify maintenance once that event occurs (In re Marriage of Welter, 2020).
Cohabitation Without a Clause Is Not Automatic: Absent an automatic termination clause, the payor must demonstrate that cohabitation has resulted in a change in the recipient's financial needs (In re Marriage of Wherrell, 2002).
121-Month Statutory Cap: Court-ordered periodic maintenance cannot exceed 121 months (KSA 23-2904) — no extension is possible without an express reservation of jurisdiction in the decree.
2. Common Grounds for Modification
Recipient's Remarriage: Automatic termination; payor should still file to formally close out the order.
Payor's Retirement at a Reasonable Age: The reasonableness of retirement given the payor's age and financial circumstances is the key inquiry (In re Marriage of Vandenberg, 2010).
Significant Income Change: For either party — job loss, pay reduction, or unexpected increase.
Recipient's Improved Earning Capacity: May justify reduction or termination.
Disability or Health Issues: A new or worsening medical condition affecting either party.
Cohabitation With an Automatic Termination Clause: Maintenance ends immediately upon the triggering event (Welter).
3. Step-by-Step Modification Process
Step 1 – Gather Evidence: Tax returns, pay stubs, retirement account statements, medical records, or proof of cohabitation.
Step 2 – File a Motion to Modify: Submit to the Kansas district court that entered the original order under KSA 23-2903.
Step 3 – Serve Notice: Formally serve the other party; proof of service is required.
Step 4 – Mediation: Many Kansas counties encourage mediation before a contested hearing.
Step 5 – Court Hearing: If unresolved, present evidence before the district court.
Step 6 – Order on Modification: Modifications apply from one month after the motion filing date (KSA 23-2903).
4. Critical Practical Considerations
Never stop paying without a court order: Arrears accumulate and you risk contempt proceedings.
Modifications are not fully retroactive: Relief runs from one month after the motion filing date, so act promptly when circumstances change.
Confirm the 121-month cap and jurisdiction reservation: Review the original decree to see whether jurisdiction was reserved before assuming an extension is possible.
Typical timeline: The modification process typically takes 3–6 months for uncontested cases.

KSA 23-2902, 23-2903, 23-2904 | In re Marriage of B.R.M. (Kan. App. 2026) | In re Marriage of Welter, 311 Kan. 519 (2020) | In re Marriage of Vandenberg, 43 Kan. App. 2d 697 (2010) | In re Marriage of Wherrell, 274 Kan. 984 (2002)

Kansas Spousal Maintenance FAQs

How is maintenance calculated in Kansas?

Kansas has no statewide statutory formula under KSA 23-2902. However, the Johnson County Bar Association guidelines (2022) are widely referenced statewide: 20–25% of the difference between gross monthly incomes for the amount, and one-third of the marriage length for duration.

Example: Payor earns $10,000/mo, recipient earns $3,000/mo → difference = $7,000 × 20% = $1,400/mo. For a 15-year marriage: 15 × 12 ÷ 3 = 60 months duration.

Statutory Maximum: 121 months (10 years, 1 month) under KSA 23-2904.

KSA 23-2902; KSA 23-2904; Johnson County Family Law Guidelines (2022)

What is the 121-month statutory cap?

Under KSA 23-2904, court-ordered periodic maintenance cannot exceed 121 months (10 years and 1 month). Without a reservation of jurisdiction in the decree, maintenance terminates on the specified date with no extension possible. Courts may reserve jurisdiction to extend if explicitly stated in the decree.

KSA 23-2904

What types of maintenance exist in Kansas?

Kansas recognizes: Temporary (during divorce proceedings), Rehabilitative (for education/training to become self-supporting; requires a specific plan), Transitional (short-term post-divorce needs, typically 1–3 years), and Long-term (where self-sufficiency is unlikely; subject to 121-month cap).

KSA 23-2902; KSA 23-2904; Johnson County Guidelines (2022)

Is spousal maintenance taxable in Kansas?

For divorces finalized after December 31, 2018: payments are not deductible for the payor and not taxable income for the recipient under federal law (TCJA). Kansas follows federal treatment.

2026 Kansas tax rates: 5.2% on income up to $23,000; 5.58% above $23,001 (single filers). The change in filing status from married to single after divorce can significantly shift tax brackets.

Tax Cuts and Jobs Act of 2017

How does marriage length affect maintenance in Kansas?

The Johnson County guideline uses one-third of the marriage length for duration: Under 5 years: Typically no maintenance. 5–20 years: One-third of marriage months, up to 121-month cap. 20+ years: May approach the 121-month cap. Courts have broad discretion and may deviate based on circumstances (In re Marriage of B.R.M., 2026).

Johnson County Guidelines (2022); KSA 23-2902; In re Marriage of B.R.M., 128,813 (Kan. App. 2026)

Does fault affect maintenance in Kansas?

Kansas is a no-fault divorce state under KSA 23-2701. Fault generally does not affect maintenance. Adultery alone does not typically change awards. Economic misconduct (hiding assets, intentional unemployment) may be considered. Courts focus on statutory need-and-ability factors.

KSA 23-2701; KSA 23-2902; In re Marriage of Bradley, 258 Kan. 39 (1995)

How do county differences affect maintenance in Kansas?

Urban counties (Johnson, Sedgwick): Typically follow Johnson County 20–25% guideline. Suburban counties (Douglas, Shawnee): Moderate amounts, often referencing Johnson County as a benchmark. Rural counties: Generally lower amounts reflecting lower cost of living. Each judge has broad discretion under KSA 23-2902.

KSA 23-2902; Johnson County Family Law Guidelines (2022)

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