Legal Question in Family Law in Kansas
Divorce - Separation of Property and Income
I'm thinking of getting a divorce. Here are some facts:
1. Married 22 years
2. Neither spouse has been unfaithful or physically abusive.
3. Three children, ages 19, 23, 27
4. Primary reason for husband (me) wanting a divorce: Don't get along with each other, don't like each other. We have just stayed married for the kids sake.
5. I'm the primary breadwinner. However, my wife has a music lesson business and makes about $10 grand a year.
I'm the husband - here are my questions
1. I'd like to split the existing property 50/50. If she wants more, what are the odds a judge would give her more?
2. I assume that with the children all over the age of 18, that I won't have to pay child support. Is that correct?
3. My wife has a college degree and is definitely capable of taking on a full-time job. How likely is it that I will have to pay any alimony? If so, what percentage of my net income would it typically take?
4. Does the REASON for divorce make a difference on how a judge may rule on separation of property and income?
Thank you for your help!
1 Answer from Attorneys
Re: Divorce - Separation of Property and Income
Assuming the filing would be on the grounds of incapatibility (no fault) as you have indicated:
1. Wanting more and getting it: court considers length of marriage (u hit the mark for 50/50 @ 21 yrs), ability of each of the parties to support themselves in as much the same manner as they have been accustomed, what percentage have each of the parties contributed to obtaining the assets they have, which assets of the parties would be the most advantageous in providing future income to which party, amount of debt, if any, and the ability of each of the parties to address the same, are there any special needs or health concerns necessary for either party which will demand a certain level of income, what has been the source of income to the parties (family business, professional, family assets), among others.
2. KS does not require child support beyond age 18, if the child has graduated from H.S., except by mutual agreement of the parties.
3. You said nothing about your profession, income expectations, or the jurisdiction in which you reside, so really can't give you much guidance here. I would make you aware that alimony or maintenance are taxable income to the recipient and non-deductible to the payor. You might consider contributions to an IRA or some other retirement investment for your spouse, which is usually a great concern to the spouse who has no retirement funds or social security expectations.
4. It can. If the Petition alleges 'fault' (and u've said there is no foundation for that) the court could determine that funds of the marriage have been expended in such a manner as to cause damage to the other party..such as requiring counseling or therapy, etc. KS courts generally, however, at this point do not look kindly upon 'fault' cases.
Hope this helps...divorce in long term marriages is never as easy and simple as it would appear unless both parties deem it appropriate. Have you attempted some marital counseling? Good luck.
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