We are often asked ‘how long will I have to pay maintenance after a Louisville divorce?’ Is this going to last months? Years? Do I have to pay maintenance until they pass away or remarry?
These are all valid questions. Let’s begin with the question “why is maintenance awarded?” Under Kentucky law, maintenance is provided to level the economic playing field between the parties during the course of the divorce (known as temporary maintenance) and for a period of time after the process is completed (referred to as permanent maintenance).
There is no single formula, but the general answer to “how long will I have to pay maintenance?” is generally based upon the length of the marriage, the economic viability of each party, the age and health of the former spouses and actions one spouse may have taken to support the other during the term of that marriage.
‘If we were only married for a short time how long will I have to pay maintenance?’ Generally speaking, if the marriage lasted less than 10 years maintenance will usually not exceed a time frame roughly equal to half of the duration of the marriage itself. Often it is less, if any maintenance is ordered at all.
‘How long will I have to pay maintenance if we were married for a long time?’ Generally speaking, when the underlying marriage lasted longer than 10 years maintenance is more common and can last for a longer period of time. This is especially true if one spouse gave up a career to stay home to raise children, support the other spouse or manage the household.
The Judge will consider many factors such as the ability of the recipient of maintenance to become self-sustaining, marketable skills and the potential for education or job training.
Maintenance may be negotiated between the parties or established through the process of mediation. The Court will have to review any proposed settlement but generally accepts a fair and equitable arrangement.
If you are concerned about maintenance issues during and after a Louisville 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.
