One of the most common questions we are asked in a Louisville divorce case is: How long do I have to pay maintenance during and after a Louisville divorce? What is the difference between temporary and permanent maintenance orders?
Maintenance has been established by Kentucky Family Law Code to level the financial playing field between the parties in a divorce. It should provide resources to the party who earns significantly less than their former spouse while the recipient develops the ability to be self-sustaining.
There are two types of maintenance associated with a Louisville divorce: Temporary and Permanent. Temporary maintenance orders provide a lesser earning spouse the financial resources to manage expenses during the process of the divorce. Permanent maintenance orders are issued during the finalization of the divorce process and govern support after the divorce has been completed.
How long do I have to pay maintenance and what determines the amount I have to pay?
It is important to note maintenance is rarely meant to be last until the recipient remarries or passes away. Consider it more as a support structure which helps for the recipient to become self-sufficient. The Judge will usually specify a time frame for the recipient to find work, increase their skill set and ultimately earn enough to provide for themselves.
The amount you have to pay is based upon a substantial number of factors. The primary factors include your ability to pay, the financial needs of the recipient, the duration of your marriage, the ability of each party to earn a living as well your health and age.
The time frame of maintenance is generally half the length of a marriage which lasted less than 10 years. If the marriage lasted longer than 10 years the Judge will have to consider a much more comprehensive group of factors before issuing maintenance orders.
Maintenance may be negotiated or settled in mediation. However, the Judge must review any agreement reached by the parties and either approve it or suggest modifications.
Maintenance may be increased or decreased along the way based upon the income, health and financial needs of each party.
How long do I have to pay maintenance and what determines the amount I have to pay? There is no specific formula for maintenance and the quality of your attorney will have a significant impact on the outcome in your case. You need the insight, guidance and representation of the proven divorce and family law attorneys at Dodd & Dodd.
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.