Maintenance or Spousal Support for a Former Spouse or Domestic Partner
Experienced Louisville Maintenance and Spousal Support Attorneys
What is Maintenance or Spousal Support, and how is it determined during and after a Louisville area divorce?
3 Key Takeaways Regarding Spousal Support or Maintenance During and After a Louisville area Divorce:
- Spousal support or maintenance is not awarded in every case. It is based on the demonstrated financial need(s) of the recipient, the ability of the payor, and the balance of financial strength and access to money and other financial resources during and after the divorce process.
- Maintenance is not usually awarded “until remarriage or the passing of the recipient,” except in cases of marriages that lasted several years, and/or one of the parties left their career to support the other, raise children or manage the household.
- Our Family Court Judges will often establish a timeframe for the recipient of maintenance to become “self-sufficient.”
How is the Amount and Duration of Maintenance or Spousal Support Determined In a Kentucky or Louisville Divorce?
Maintenance or spousal support for formerly married spouses, and partner support for domestic partnerships (often referred to as “alimony”) is not calculated based upon specific formulas in Kentucky’s family law code. Usually, the judge will order “temporary maintenance” or “temporary partner support” at the outset of a divorce hearing. Permanent support is based upon a complex formula that requires the Judge in your case to consider a substantial number of factors unique to each case, such as:
- The length of the marriage or domestic partnership
- The couple’s standard of living while together
- Age and health of each party
- Income
- Ability to gain and maintain viable employment if not presently employed
- The existence of domestic violence
- Whether one party provided support while the other obtained a professional license, degree, etc.
- Other marital assets and debts
- Tax ramifications of support
How Long will Maintenance Continue after Your Divorce?
The amount and duration of maintenance is a complex question. The experienced maintenance and partner support lawyers at Dodd & Dodd Attorneys, PLLC will work through your unique circumstances, and help to achieve the best possible outcome in your case.
The primary factors affecting the duration of the support will be the amount of time the couple were married or in a domestic partnership, their ages and health, and their ability to become self-sufficient over time. In many maintenance orders, the court will include language which basically instructs the party receiving spousal or partner support to become self-sufficient within a specified or reasonable period of time.
Our courts are taking a closer look at realistic maintenance and partner support orders, and establishing specific time frames in most cases. Our experienced family law and maintenance lawyers will also work to carefully establish the basis for that support, and when (or if) a support order can be modified or dropped in the future.
Can I Seek a Change or Reduction in my Maintenance or Alimony Payments?
Yes. There are several reasons to ask the court to reduce maintenance. This cannot be done quickly or haphazardly. The court will require complex calculations, and a substantial argument that there has been a significant change in the income of one or more of the parties, or the ability to pay the mandated support.
For example, if your income has dropped by a significant amount, this can be a valid reason to request support reduction. Other reasons include an increase in the income of the party receiving support, health issues, cohabitation or re-marriage of the party receiving maintenance, to name a few.
Contact an Experienced Louisville Spousal Maintenance Lawyer Today
Negotiating maintenance or partner support, or requesting modifications of existing support orders involves complex financial calculations, as well as legal skill regarding standards of living and justification for modifications. This isn’t a matter you want to attend to yourself. We invite you to review the strong recommendations of our former clients and the legal industry and contact Dodd & Dodd or call 502-584-1108 to schedule an appointment with one of our attorneys.
You may also be interested in our Louisville Divorce FAQs.