One of the questions we are often asked is, “Will there be spousal support or maintenance?” or “Will maintenance end during or after a Louisville divorce?” Under what circumstances is maintenance usually ordered in a Louisville divorce, and when does maintenance come to an end? If the payor experiences a significant change in the earnings or finances, can the amount of maintenance be changed? What happens when the recipient has a change in their own financial picture or a new relationship in their life?
Maintenance (spousal support) is a very complex issue, both from a financial and legal perspective. Unlike child support guidelines in Kentucky, where there is a known “calculator” that balances specific factors, maintenance is much less of a formula. It’s more like a set of guidelines that the Judge must consider as they weigh the need for maintenance and the ability to pay for it. Kentucky family law establishes more than a dozen factors that a Judge should consider when considering the need for, amount, and timeframe of an order for maintenance.
Two basic types of maintenance or spousal support under Kentucky family law exist: temporary and permanent. Temporary support is usually in the initial orders issued at the beginning of the divorce process. Temporary maintenance orders usually last until the Judge issues final or “permanent” maintenance orders toward the end of the divorce process. The final orders issued by the Judge in your divorce case are known as “permanent orders,” but the word “permanent” doesn’t mean “until death or remarriage” in this context.
If that’s the case, when does maintenance end during or after a Louisville divorce?
If the parties earn relatively the same amount or both have access to significant financial resources, maintenance may not be an issue at all.
Temporary or permanent maintenance orders will remain in effect for the duration established within the orders themselves or until the payor or recipient requests a modification or change in the payment amount, the duration, or both. It is common for permanent maintenance orders to provide an opportunity for the recipient to become more “self-sufficient” and be able to provide for themselves.
In cases where the underlying marriage lasted longer than 10 years and one of the spouses made significant sacrifices to support the other and/or the family, the age, health, or work experience (employment viability) of the recipient requires it, the Judge may elect to extend permanent maintenance for a much longer or unspecified period.
What happens if there is a substantial financial change in the income or career of the person paying spousal support or if the recipient’s economic need for or life circumstances change during permanent maintenance orders? The experienced divorce and family law attorneys at Dodd and Dodd can help. We can request a post-decree modification or termination of maintenance when there has been a substantial change in the financial circumstances, known in family law as the “Status Quo.” A change in the status quo can be the result of many factors, such as:
- The timeframe established by the Judge for the recipient to become self-sufficient has passed
- A change of more than 10% in the income of the recipient or reduction of income or loss of a job for the payor
- The recipient gets a new, higher-paying job or receives an inheritance or substantial improvement in their financial situation
- The recipient decides to move in with or marry a new partner
When does maintenance end during or after a Louisville divorce? Has a substantial change in the status quo required a post-decree modification of existing spousal support or maintenance orders? We invite you to review the strong recommendations of our former clients and the legal industry and contact Dodd & Dodd or call 502-584-1108 to schedule an appointment with one of our attorneys.
