How will the length of your marriage affect maintenance during and after your divorce in Louisville or Jefferson County? How long do you have to be married in Kentucky to qualify for maintenance and how is the amount of maintenance determined? In some cases the parties in question have only been married for a few years. In other cases, one of the parties has not worked in several years in order to raise children and manage the household. A spouse who has given up a career in the past may be concerned about their ability to return to a career and earn a living wage after the divorce.
Kentucky law does not provide a specific calculation process to answer the question of how will the length of your marriage affect maintenance. Standard of living is perhaps one of the most important issues in the determination of maintenance. The length of the marriage and the income disparity between the parties will also be given serious consideration by the Court.
While there is no hard and fast rule or law, in practice Louisville judges may order a temporary maintenance in marriages which last six months or longer. In our decades of experience we’ve seen examples all across the board. We’ve seen cases where no maintenance was ordered in a long marriage while it is ordered in other cases where the marriage lasted only a few months.
When representing a client our attorneys demonstrate the need for temporary maintenance orders (and ultimately a permanent order of maintenance) when a marital standard of living has been established and one spouse has the resources to support the other. Generally speaking, maintenance is often awarded for a term which is equal to up to half the duration of the underlying marriage up to ten years. If your marriage lasted longer than ten years the Judge in your case must consider several factors for each party before making decisions regarding maintenance.
The answer to the question “how will the length of your marriage affect maintenance?” will vary from case to case and Court to Court. Each case is unique and it is important to consult with one of our experienced Louisville divorce and maintenance attorneys. We invite you review the recommendations of our clients and contact Dodd & Dodd or call 502-584-1108 to schedule an appointment with one of our proven family law attorneys.