How much maintenance will be awarded in your divorce in Louisville or Jefferson County? While the laws of Kentucky provide the Judge in your case with many legal underpinnings with which to decide your unique circumstances there is actually no formula to calculate the amount and duration of maintenance in a Kentucky divorce.
There are two types of maintenance: Temporary and Permanent.
Temporary maintenance is usually ordered by the Court for the duration of a divorce process to preserve the financial status quo of the parties prior to the divorce. Temporary maintenance may last for only a few months or it may extend across many months and even years while the divorce is completed. In many cases temporary maintenance will be awarded when the Court perceives one of the spouses has a significantly greater income than the other, or one of the parties has moved out of the family home and the other party needs support to maintain the status quo throughout the divorce.
Permanent maintenance will be awarded in your divorce if the parties agree to it during negotiations or mediation, and or the Judge orders it as part of the final or “permanent” divorce decree. The amount and duration of maintenance is based upon several factors under Kentucky family law, including but not limited to:
- The duration of the marriage
- The financial viability of each party
- The likelihood that the recipient will be able to achieve self-supporting employment
- The age and health of the parties
- The sacrifices made by one spouse to support the other, such as providing for them while they complete a degree or leaving a career to raise children or manage the household.
It is important to note the term “permanent” may be a bit misleading in this context. Maintenance is actually rarely “permanent” in a Louisville divorce unless the underlying marriage lasted at least 10 years (usually much longer) or there are substantial health or financial considerations associated with the case.
The Court will quite often establish a time frame for the recipient of maintenance to become financially self-sufficient.
How much maintenance will be awarded in your divorce in Louisville or Jefferson County? 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.