Is maintenance ordered in every Louisville divorce? Many people who are considering a divorce wonder about expenses after a divorce, such as child support and maintenance. Will maintenance be ordered in your case?
Maintenance is not an automatic outcome of a divorce in Louisville. Maintenance is established under Kentucky law to level the financial playing field between the two parties based on a variety of factors. Maintenance can be established as part of the temporary orders toward the beginning of a divorce. “Permanent” maintenance can also be included as part of the final divorce decree.
Temporary maintenance orders are usually issued to ensure one spouse can support themselves through the course of the divorce itself. “Permanent” maintenance is usually intend to help a lower earning spouse to maintain somewhat of the marital standard of living until they can become self-sustaining.
It is important to note in the majority of cases “permanent” in this context does not mean forever.
When considering the question of whether there is to be maintenance ordered in every Louisville divorce the judge must consider a complex series of issues, including but not limited to:
- The length of the underlying marriage, as well as the age and the health of each of the former spouses
- The economic viability and earning capacity of each of the former spouses
- The time which will be required for the recipient of maintenance to become self-sufficient
- The financial substance of each party after the divorce including division of assets and debts as well as marital property
- Sacrifices made by the recipient of maintenance during the course of the marriage such as leaving a career to raise children or manage the household, working while the a primary earner completed their education or so that they might obtain additional training, education or a professional license
Generally speaking, when the underlying marriage lasted 10 years or less the term of maintenance might equal up to half of the length of the marriage. If the marriage lasted four years, the Judge might order permanent maintenance for two years.
When the underlying marriage lasted 10 years or longer and many of the factors above are present the Judge will usually consider extending maintenance for many years.
Is maintenance ordered in every Louisville divorce case? No, and each case is unique based upon the specific facts in your case. 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.
