Kentucky has very specific statutes which govern divorce and the the question of whether or not the Court will order spousal maintenance, often referred to as alimony. If it is to be awarded, the next question is often “Is spousal maintenance temporary or permanent in Louisville divorce decrees?”
Our family law and divorce courts here in Louisville will ask two primary questions:
- Is a former spouse unable to support themselves based upon their employment history and income, or are there child custody or special needs issues which prevent the ability to work?
- Does the former spouse have sufficient assets, property or income to provide for their reasonable needs?
Unlike child support, Kentucky law does not establish any specific formula for the calculation of the amount of spousal maintenance to be awarded. The Court has broad discretion, and usually considers several factors including but not limited to:
- The duration of the marriage
- The age, health and occupational viability of each spouse
- The standard of living the parties enjoyed during the course of the marriage
- The ability of the payor to make maintenance payments and still meet their own financial needs
- The ability of the recipient to seek additional education or training which would allow them to seek gainful employment
There is no automatic guarantee for spousal maintenance under any circumstances, and the Judge has broad discretion to consider many factors as well as the financial condition of each spouse before establishing orders for spousal maintenance. There may be a temporary order which lasts for the duration of the divorce proceeding. Once the divorce is approaching conclusion, the judge may issue short or long term orders based upon the unique circumstances associated with the parties, their employment opportunities and their finances. We are often asked “is spousal maintenance temporary or permanent in a Louisville divorce?” Generally speaking, Kentucky does not intend spousal maintenance to be indefinite but each case is unique.
We invite you to contact Dodd & Dodd attorneys or call 502-584-1108 to schedule an appointment to discuss your case with an experienced and proven Louisville divorce attorney.