Are you wondering how permanent maintenance is determined in a Louisville divorce? Temporary maintenance (if it has been ordered) was established to get the parties through the divorce process. The existence of temporary maintenance and/or the amount ordered by the Court is often quite different from the amount and terms of a permanent maintenance order.
There is no specific formula to determine whether or not permanent maintenance is to be ordered. The amount and duration of permanent maintenance is based upon a substantial number of factors as established by Kentucky Family Law. The Judge in your case has a broad degree of discretion as they evaluate the specific facts of your divorce case.
The factors which must be considered as part of the process of how permanent maintenance is determined in a Louisville divorce include but are not limited to:
- The duration of the underlying marriage – if the marriage lasted less than 10 years maintenance is usually considered for a period equal to roughly half of the duration of the marriage. If the couple were married longer than 10 years the amount and duration of the permanent maintenance will usually be greater.
- The health, age and earning capacity of each former spouse
- The financial need of the recipient of maintenance and the ability of the payor to pay it.
- Other assets which may have been distributed during the course of marital property division which support the ability to maintain a consistent lifestyle.
- The existence of separate assets, especially from the perspective of the recipient.
- The presence of domestic violence. Usually the Court will not order the victim of domestic violence to pay maintenance to the perpetrator of domestic violence.
- The ability of the recipient to become self-supporting within a reasonable period of time.
- Any other factor(s) the Judge believes to be equitable or just based upon the facts at hand.
The proven, experienced divorce and family law attorneys at Dodd & Dodd will have a significant impact on the accomplishment of your goals and objectives during your divorce. Each case is unique and our attorneys can provide insight into how permanent maintenance is determined in a Louisville divorce.
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.