We are often asked if there is an end to maintenance during or after a Louisville divorce. When and why is maintenance ordered in a divorce and when does it come to an end? If there has been a substantial change in the finances of either the payor or the recipient of maintenance will the amount of the support change?
Maintenance is a financially and legally complex issue. Unlike child support, where there is a somewhat formalized financial calculation, maintenance is much less formulaic. Kentucky family law establishes dozens of factors which the Judge must take into consideration when determining the need for, amount and duration of maintenance.
There are two types of maintenance. Temporary support is ordered during the process of the divorce. Temporary maintenance ends at the end of the divorce, or when the Judge issues differing orders. Permanent support is established toward the end or at the end of the divorce process. The final orders issued by the Judge in your divorce case are known as “permanent orders” but this doesn’t mean they last forever. When is there an end to maintenance during or after a Louisville support?
Any orders issued by the Court remain in effect until the expiration date established by the Judge at the time of the orders, or one of the parties requests a modification or termination. In many cases maintenance is ordered for a period of a few years to provide the time for one of the former spouses to become more financially self-sufficient. In these cases the Judge establishes the duration of maintenance at the time of the order.
In cases where the underlying marriage lasted longer than 10 years maintenance orders may extend for a much longer period of time. What happens if there is a substantial financial change in the life of the payor or recipient of maintenance once maintenance orders are in place?
It is absolutely possible and appropriate to request a post-decree modification or termination of maintenance when there is a substantial change in the financial circumstances. The Court requires a substantial change in the “Status Quo” in order to request a hearing for a change in maintenance. This can include but is not limited to:
- A substantial change in the income of the recipient or a loss of income or a job for the payor
- If the recipient remarries or moves in with another partner it may be grounds to request a modification or an end to maintenance in your case
- The recipient receives a substantial financial benefit (lottery, inheritance) or substantial increase in earnings
- The Judge established a timeframe for the recipient to become self-sufficient and that time has elapsed
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.
