We are often asked “Will I get maintenance during and after my Louisville divorce? Spousal support is usually ordered to help to balance the financial equation between the parties during the process of a divorce (temporary maintenance) and to ensure financial viability after the divorce (permanent maintenance). Kentucky family law doesn’t provide an exact formula for determining the need for or amount of maintenance or spousal support. Instead, our Family Law statutes provide the judge in your case with many specific factors to consider as the judge determines the need for, amount and duration of temporary or permanent maintenance.
While there are too many specific factors to list here, they include things such as:
- how long the couple was married
- the lifestyle and financial “status quo” prior to the divorce
- The age of each former spouse
- The health of each former spouse
- Present and past incomes for each former spouse
- The economic viability of each former spouse (the ability to be or become self-sustaining)
- Contributions one might have made to support the other, such as leaving a career to manage the household or to raise children
- The division of marital property and the value and balance provided by any separate property
“Will I get maintenance during and after my Louisville divorce?” The real answer is “perhaps, but there are a lot of factors that will go into the answer of that question.”
It is important to note that “temporary orders” exist while the divorce is in process. Once a matter has been decided the judge will usually issue “permanent orders.” Permanent in the context of spousal support doesn’t mean until death or remarriage. “Permanent” generally means the matter has been resolved and once the divorce is completed these orders will stand going forward. In the majority of cases, especially when the marriage did not last for more than 10 years, the judge in your case will set a limit upon the duration of permanent maintenance (if it is awarded) and expectations regarding the recipient’s responsibility to become self-sustaining within a given period of time.
Generally speaking, the answer to “will I get maintenance during and after my Louisville divorce?” will be based upon the financial lifestyle enjoyed by the parties during the course of the marriage, and the financial equity between the former spouses and their ability to earn a living and/or be or become self-sustaining after the divorce.
The length of your marriage will have an impact on this equation. Your age, health and ability to earn a living will all come into the discussion. The amount of maintenance (spousal support) as well as the division of marital property can be negotiated, but must ultimately be approved by the Court. In some cases, one spouse may receive more of the marital assets (such as retirement accounts or pension funds) in lieu of maintenance. Each case is obviously unique and there are many factors that will go into the answer to your question: “Will I get maintenance during and after my Louisville divorce.”
This is why you need the experience and counsel of our Dodd & Dodd family law attorneys. Allen M. Dodd has an L.L. M. in Tax law and provides sound insight and advice as to the impact of taxation on important decisions within your divorce.
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.
