How will changes in income after your divorce in Jefferson County or Louisville affect your maintenance? While this is a complex legal issue, the short answer is a change in the income of either party may have an effect on maintenance. In some cases it may not.
Maintenance is generally intended to ensure former spouses leave the divorce on a fairly equal financial footing based upon the lifestyle enjoyed in the marriage. If you are paying maintenance and your income is significantly permanently reduced it is usually possible to request a reduction in maintenance. If you are laid off or terminated you should be able to obtain at least a temporary abatement of your support obligations.
If the payor of maintenance experiences a significant increase in income the maintenance obligation should not exceed the lifestyle enjoyed during the marriage. If you are already at that point you may not be required to pay additional maintenance. If the spouse receiving maintenance payments achieves a significant boost in income the payor may be able to request a lowering of their existing maintenance payments.
What other changes in income after your divorce affect the payment of maintenance? Retirement is also a point where maintenance should be reviewed. Under Kentucky law you are generally entitled to retire at age 65 and cannot be forced to continue working to support a maintenance payment.
There are far too many potential issues to provide an answer regarding changes to maintenance after the divorce is completed in this forum. If you have questions or concerns about post-decree changes in maintenance we invite you to review the recommendations of our clients and contact us or call 502-584-1108 to schedule an appointment with one of our attorneys.
