Are you wondering how maintenance will be determined in a Louisville divorce? Will you have to pay or be eligible to receive maintenance in your case? What are the factors that determine the qualification for, amount and duration of maintenance in a Louisville divorce case?
Unlike child support, Kentucky does not have a guideline calculator, per se, when it comes to maintenance. The Judge is provided with numerous factors to consider and weigh when determining the need for, amount and duration of maintenance. The purpose of maintenance is to somewhat level the financial playing field between the parties during the course of the divorce process and in the months and years which follow. Maintenance is basically intended to provide additional financial support while the recipient increases the ability to be financially independent on their own.
Maintenance will be determined based upon a number of factors including, but not limited to the income/earning potential of each party, the standard of living enjoyed by the couple during the marriage, the length of the underlying marriage, specific contributions each party made to the marriage such as giving up a career to support the other through education or to raise children, as well as the health and viability of each former spouse.
Temporary maintenance is usually ordered in the early stages of the divorce process and is often higher than the amount of permanent support which is established at the end of the divorce when the Judge enters the final decree. It is important to know that “permanent” does not mean “forever.” It can last for a period of months or a few years to several years based upon the unique circumstances in your case and whether or not your marriage lasted longer than ten years.
If the parties are unable to negotiate or mediate a settlement on the issue to present to the Court for review and approval maintenance will be determined by the Judge after carefully balancing each factor established under Kentucky Family Law.
Do you have questions about maintenance? Are you concerned about how maintenance will be handled in your own divorce 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.