Are you wondering how a request for maintenance will be handled in a Louisville divorce? Will you be eligible to receive maintenance or required to pay it? Unlike child support, which has a very established process and calculator for determining the need for and amount of child support, maintenance is a much more flexible and broad area of Kentucky family law.
The Judge in your case has broad authority to determine the need for, duration and amount of a maintenance order. Kentucky family law establishes several factors for the Judge to consider as part of this process. The factors include, but are not limited to:
- The duration of the marriage itself. The longer the marriage, the more likely maintenance will be an issue. If the marriage lasted longer than 10 years the duration of maintenance can be much longer.
- The age of each party and the presence of any health related issues
- The standard of living the couple enjoyed during the course of their marriage
- The income of both spouses (as well as any disparity between the two parties in earnings)
- The need for maintenance and the ability of a party to pay maintenance
- The work histories / careers of both individuals and the sacrifices either party made to support the other or to raise children/manage the household
- The viability (short and long-term) of each party to be or become self-sustaining
- The presence of marital property which might eliminate the need for maintenance
- The presence of past or present acts of domestic violence
The question of how a request for maintenance will be handled in your divorce case is as unique as your own personal circumstances. The divorce and family law attorneys at Dodd & Dodd can help to provide insight into these questions as well as sound counsel and advice on any maintenance related question.
Maintenance is often a matter resolved between the parties in negotiations or mediation. When maintenance is ordered the Judge often issues a warning or instruction to become self-sufficient within a specific period of time. These are complex issues and require the insight and analysis of family law attorneys with decades of experience.
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.