Experienced Louisville Maintenance and Spousal Support Attorneys
Maintenance for married couples and partner support for domestic partnerships (often referred to as “support” or “alimony”) are 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 takes a number of factors into account such as:
- The length of the marriage or domestic partnership
- The couple’s standard of living while together
- Age and Health
- Ability to gain employment if not presently employed
- The existence of domestic violence
- Whether one party provided support while the other obtained a professional license, degree, etc.
- 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 contact Dodd & Dodd, or call us today to schedule a free consultation at 502-584-1108.
Will Maintenance Be Awarded in Our Case?
There are a complex series of legal factors which will determine if one of the spouses should receive maintenance, as well as the amount and duration.
Is a permanent maintenance order for life?
No. Permanent maintenance orders are issued at the end of a divorce case. The ultimate duration of the maintenance as well as the circumstances which will bring it to an end are unique to each case.
Does the duration of our marriage affect the likelihood of maintenance?
Yes, especially if the marriage lasted longer than 10 years. There are a multitude of factors the Judge in your case must weigh which will affect the duration of the maintenance order.
Can you request a post-decree modification of maintenance?
Yes, if the underlying circumstances have changed in a measurable way. For example, a substantial raise or new job or the loss of a job could warrant a post decree modification case.