We are often asked “Will I get maintenance in my divorce?” The answer to this question is much more complex than questions surrounding child support. Unlike the Kentucky child support estimation calculator, spousal maintenance is not an immediately calculable number. What is the purpose of maintenance? How long will maintenance last (duration)? How much will maintenance be? Will spousal maintenance be awarded in your case?
Generally speaking, The purpose of spousal maintenance is to somewhat level the financial balance between the parties to keep it as similar as possible to the standard of living the parties experienced throughout the course of their marriage.
Kentucky law provides a number of factors for the Judge in your case to consider. These include, but are not limited to:
- The length of your marriage
- The standard of living you enjoyed while married
- The ability of each spouse to earn a living
- The health of each spouse
- The support one spouse has provided the other such as leaving a career to manage the household and the children
- Did one of the spouses support the other as they sought a professional license or advanced degree?
- The financial position of each party prior to, during and after the divorce
In many cases, the question of “will I get maintenance in my divorce?” begins with a review the factors above. The duration of the maintenance can either be short term or long term. This is usually determined primarily by the length of the underlying marriage and the level of support one spouse has provided to another. Sacrifices made on behalf of the marriage, such as leaving a career to raise children and/or manage the household must be considered.
Maintenance is not guaranteed, and if and when it is awarded the time frame is usually limited by many factors. In most cases, the duration and amount of spousal maintenance is negotiated between the parties and their counsel or resolved through mediation. When the parties cannot reach agreement the Judge in your case will weigh many factors before issuing temporary or permanent orders in your case.
The question of “Will I get maintenance in my divorce” is quite legally complex. This is why it is important to protect your interest and contact the experienced divorce and family law attorneys at Dodd & Dodd or call 502-584-1108 to learn more or schedule an appointment.
