State alimony comparison
Recommended workflow
Start with the legal differences below, run one shared estimate scenario, then open each state guide for the detailed framework courts may apply.
Use this side-by-side data view as a starting point, then review the linked state law guides and calculators for deeper planning context.
| Factor | Kansas | New York |
|---|---|---|
| Support term | spousal maintenance | maintenance |
| Formula profile | limited | statutory |
| Property system | equitable | equitable |
| Legal framework | Temporary support may be awarded during the divorce case to address immediate financial needs while litigation is pending. Final maintenance is governed by K.S.A. § 23-2902 and is determined through equitable discretion rather than a required statutory calculation. | Temporary maintenance during divorce proceedings is calculated using statutory formulas established in Domestic Relations Law § 236(B)(5-a). Post-divorce maintenance is governed by § 236(B)(6), where courts apply statutory formulas, duration advisory ranges, and deviation factors before entering a final award. |
| Statute citation | K.S.A. § 23-2902; K.S.A. § 23-2903; K.S.A. § 23-2904 | New York Domestic Relations Law § 236(B)(5-a) (temporary maintenance) and § 236(B)(6) (post-divorce maintenance) |
Best for
Relocation planning, negotiation prep, and state-by-state estimate checks.
Use with
Kansas and New York calculators for same-fact estimates.
Remember
Support outcomes still depend on judge discretion, facts, and local procedure.
Same-facts estimate
Use the same income and marriage facts to see how the planning estimate changes between Kansas and New York. This is educational, not a court prediction.
Conservative educational estimate based on need, ability to pay, income disparity, marriage length, earning capacity, financial resources, property division, and Kansas equitable factors; no mandatory statewide amount formula applies.
$1,467/mo
Planning range: $954-$1,980/mo
Duration: Medium to long marriage
Kansas relies heavily on court discretion or limited eligibility rules, so this estimate should be treated as a broad planning range.
Guideline maintenance estimate using New York's higher formula: 30% of payer income minus 20% of recipient income, capped so the recipient does not receive more than 40% of combined income after maintenance. If the maintenance payer is also the noncustodial parent paying child support, New York uses a lower formula: 20% of payer income minus 25% of recipient income.
$2,000/mo
Planning range: $1,600-$2,400/mo
Duration: About 3 years
Kansas: Conservative educational estimate based on need, ability to pay, income disparity, marriage length, earning capacity, financial resources, property division, and Kansas equitable factors; no mandatory statewide amount formula applies. New York: New York uses statutory guideline formulas for temporary and post-divorce maintenance on the payor's income up to the statutory income cap. The formulas are presumptive guideline calculations, but courts may adjust or deviate if the guideline amount is unjust or inappropriate after considering statutory factors. Maintenance above the income cap is discretionary.
Kansas: Kansas court-ordered maintenance generally may not exceed 121 months in the initial order. If the decree reserves jurisdiction, the recipient may seek one reinstatement or extension for an additional period not exceeding 121 months. Parties may agree in writing to a longer maintenance term in a separation or property settlement agreement. Maintenance generally terminates on death of either party or remarriage of the recipient unless otherwise provided. New York: New York uses a nonmandatory advisory duration schedule for post-divorce maintenance. For marriages up to and including 15 years, guideline duration is generally 15% to 30% of the marriage length. For marriages over 15 years and up to 20 years, guideline duration is generally 30% to 40% of the marriage length. For marriages over 20 years, guideline duration is generally 35% to 50% of the marriage length. Temporary maintenance lasts only while the divorce case is pending.
Kansas: Maintenance may be modified under K.S.A. § 23-2903 for amounts not yet due, after notice and hearing. A modification generally cannot increase or accelerate the payer's unpaid maintenance obligation without the payer's consent. New York: Maintenance orders may be modified when statutory standards for modification are satisfied, including qualifying changes in circumstances. Separation agreements and judgments may contain additional provisions affecting modification rights.
Kansas uses the term maintenance for court-ordered spousal support after divorce. Courts may award maintenance in an amount that is fair, just, and equitable under the circumstances, without a mandatory statewide formula. Kansas law allows flexible payment structures, including lump sum, periodic payments, percentage of earnings, or another basis approved by the court.
Eligibility: A spouse may qualify if the court finds maintenance fair and equitable after reviewing the parties' financial circumstances. Courts commonly consider income disparity, earning capacity, property division, age, health, marriage length, and the ability of each spouse to meet reasonable needs. Eligibility is not automatic and does not arise from income difference alone.
New York uses the term maintenance for spousal support and employs statutory formulas that provide presumptive maintenance amounts in many cases. Courts begin with the statutory calculation but may deviate when the formula would be unjust or inappropriate after considering statutory factors. Maintenance awards are intended to address economic disparities created by the marriage and divorce.
Eligibility: A spouse may qualify for maintenance when there is a demonstrated economic disparity and the statutory analysis supports an award. Courts review the parties' incomes, property distribution, future earning potential, and financial circumstances. Qualification does not require fault and is evaluated under the statutory framework.
Alimony rules vary by state. Comparing two states helps readers understand differences in formulas, duration ranges, eligibility rules, modification standards, and judicial discretion before deeper research.
No. SettleCompass comparison pages are educational planning resources only and do not replace advice from a licensed family law attorney.
Yes. State formulas, income caps, duration rules, statutory factors, and judge discretion can produce different outcomes from the same basic facts.
Use state-specific calculator pages to model the same income and marriage-length assumptions across both states.
