Dodd & Dodd Attorneys, PLLC

How is Maintenance Determined in Jefferson County

Maintenance Determined in Jefferson County

How is maintenance determined in Jefferson County?  Is there a specific calculation method to determine the amount and duration of maintenance in Louisville and the surrounding area? Kentucky has very specific guidelines for the calculation of child support during a Louisville or Jefferson County divorce, but maintenance is much less rigidly formatted under Kentucky law.

There are many “factors” which must be considered to determine a temporary or permanent award of maintenance in Louisville. One of the most important factors is the length of the associated marriage. This fact will have a bearing upon the duration of maintenance following a divorce. If the marriage was less than 10 years, maintenance generally lasts for a period equal to half the length of the marriage or less. If the marriage lasted longer than 10 years, the term of maintenance may be much longer.

Other associated factors which answer the question “How is maintenance determined in Jefferson County?” include the ability of each spouse to earn a living, their unique skill set and the existing market for those skills. Did one spouse take time off from their career to raise children or manage the household? Did one spouse work to support the other as they pursued higher education or a professional degree or license? Does one of the parties (or both) jointly or severally own a business or professional practice?

The court will also consider the ages and health of the parties, the standard of living enjoyed by the couple during their marriage and the ability of one spouse to pay support to the other. The court should also consider the “separate” property of each party, the division of community property (especially if a greater share is to be given to the party receiving maintenance), tax consequences, alcohol or drug addiction and many other factors the court determines to be “just and equitable.”

How is maintenance determined in Jefferson County in many cases?  Maintenance is actually quite negotiable, as are most issues within your divorce.  The first step is a negotiation between the parties and their attorneys.  This often results in an agreement which is implemented in the final divorce decree.  Mediation is an excellent tool for resolving questions such as maintenance and other challenging issues when negotiations are not completely fruitful.

This is why it is so important to be represented by the experienced Louisville divorce and maintenance attorneys at Dodd & Dodd. We represent and protect the interests of our clients and their unique goals and objectives during a divorce including issues such as maintenance. We invite you to review the recommendations of our clients and contact us or call 502-584-1108 to schedule an appointment with one of our attorneys to discuss your unique circumstances, and how maintenance may be handled based upon your experiences.