How is temporary maintenance determined in a Louisville divorce case? What is the difference between a “temporary” order and a “permanent” maintenance order and why does this matter?
Lets begin with the second question first. “Temporary” orders are issued by the Judge in your case near the outset of the divorce. These orders are designed to keep a level financial and “status quo” balance between the former spouses while the divorce unfolds. When it comes to temporary maintenance, the Judge in your case has the power to order “any amount that is necessary” to balance the paying spouse’s income with the receiving spouse’s financial strength.
How is temporary maintenance determined and is it awarded in every case? The State of Kentucky has complex laws regarding the calculation of maintenance. The Judge actually has a wide degree of flexibility in this crucial decision. Generally speaking, the Judge is seeking to level the playing field. If there is a balance of financial strength between the two parties the Judge may not award temporary maintenance. When there are substantial marital property holdings and/or child custody and visitation issues are not a factor regarding the proposed recipient of maintenance the Judge may reduce or decline maintenance support altogether.
The Judge will review the gross income of both former spouses. After consideration of all valid deductions from income (i.e. taxes, healthcare, child support, etc.) the Judge will consider the tax status of both individuals. The experienced Louisville family law attorneys at Dodd & Dodd have decades of experience in Louisville family law courts. We can help to answer your questions regarding the likelihood and potential amount of temporary maintenance in your case.
The process associated with answering the question of how is temporary maintenance determined will have a strong impact on the ultimate outcome in your case. The experience and quality of your divorce attorney can and will have an impact on this process.
Toward the end of the divorce process the Judge will issue “Permanent” orders. Permanent in this case does not mean forever. It simply refers to the nature of the order relating to maintenance at the end of a divorce case and going forward. There are many factors which will go into the duration and amount of permanent maintenance. This includes but is not limited to the length of the underlying marriage as well as the economic viability of each former spouse. However, the process for how the temporary maintenance was calculated provides a portion of the underlying calculation of permanent orders. Therefore, as your attorneys we must vigorously protect our client’s objectives at the outset to achieve the best long-term outcome in your case.
If you are considering a divorce in Louisville 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.