Legal Question in Family Law in Kansas

If my ex wife received a windfall inheritance a few months after the divorce is final, does that constitute a material change of circumstances so I can motion to terminate maintenance? I am living like a beggar and she like a princess. Her lifestyle has improved since divorce and mine has decreased significantly. We live in Kansas.


Asked on 11/21/13, 10:30 am

1 Answer from Attorneys

Gregory Beuke Gregory SJ Beuke Ltd.

According to the case law in Kansas, it depends on how your divorce was finalized, and what the terms of your divorce decree state.

If your divorce was finalized by default or by a trial, her lifestyle improving while yours has decreased significantly would be grounds to either modify the amount or terminate spousal maintenance all together. Note that even if you and your ex in fact worked out the details by agreement, it is considered a default unless you or your attorney signed the final divorce decree.

If your divorce was finalized by a settlement agreement that you or your attorney signed, the case law in Kansas states that you will be bound by the terms of the settlement agreement unless a key provision was included. If your divorce decree states that the court retains jurisdiction over the issue of spousal maintenance, then the Court can consider modifying or terminating spousal maintenance based on the financial circumstances of the parties after the divorce.

With all that being said, this is a rather obscure bit of case law that may not even be known to her attorney, and there is always a chance that if you file the Motion, she may agree to a modification or termination.

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Answered on 11/21/13, 12:28 pm


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