The amount of maintenance can have a lot to do with lifestyle of the former spouses during the marriage as well as the ability of each spouse to achieve gainful, long term employment. Our Louisville Family Courts absolutely take these issues into account when considering temporary or permanent maintenance orders during or after a Louisville divorce. In fact maintaining the “standard of living” of a former spouse after a divorce is a primary reason for a maintenance order. This results in an obvious but complicated question: “How does the Court determine and establish the valuation of the standard of living in a divorce case?”
Kentucky family law clearly establishes the factors that should be considered when establishing the standard of living and ultimately maintenance in a Louisville divorce case. How long did the marriage last? Will the individual incomes for each spouse allow each party to maintain the type of lifestyle enjoyed during the marriage? The ages, general health and unique requirements of each spouse will be evaluated. Did one partner give up working to support the family or contribute to the education of the other? The Court will also consider “any other factors the court determines are just and equitable.”
Kentucky case law further supports maintenance can have a lot to do with lifestyle and considers the marital standard of living as a reference point against which the above factors should be weighed. However, “permanent” maintenance orders don’t usually mean “until death or remarriage.” Permanent simply means “from the end of the divorce going forward per the limitations and instructions established by the Court.” Once maintenance is awarded, the Court may issue instructions ordering the spouse receiving maintenance to become financially independent within a specified period of time, or place a limitation on the time frame associated with support.
While maintenance can have a lot to do with lifestyle of the former spouses during the marriage, maintenance is often only of the important issues in many Louisville divorce cases. If you have questions or concerns regarding maintenance during or after a divorce we invite you to review the strong recommendations of our former clients and contact us or call 502-584-1108 to schedule an appointment with one of our experienced divorce and family law attorneys.
