You may be wondering if temporary maintenance is likely in your Louisville divorce. What determines the need for temporary maintenance? Here in Kentucky, child support follows specific calculations. Maintenance is not based upon a specific calculator per se. Kentucky Family Law provides the Judge in your case with comprehensive discretion as to the need for maintenance as well as the amount to be awarded.
Generally speaking, maintenance is intended to somewhat level the financial playing field between the two spouses. The Court is primarily concerned with two general factors:
- The standard of living enjoyed by the spouses while they were married
- The financial ability of a lower-earning spouse to transition from a dual-income marriage to a single income household.
If there is a significant difference in wages or the ability to earn a living between the two spouses temporary maintenance is likely in your Louisville divorce case. This is especially true if one of the parties left the work force to raise children or manage the household.
The Judge will consider the standard of living enjoyed by the spouses during the marriage and provide a lesser-earning spouse with the ability to continue a standard of living as close to the level they enjoyed during the course of the marriage. Ultimately the Court will usually establish orders for the recipient to develop the ability to financially support themselves within a reasonable period of time.
There are two types of maintenance: Temporary and Permanent.
“Temporary” maintenance orders usually extend until the Judge issues final or “permanent” maintenance orders as part of your divorce case.
The amount of temporary maintenance is usually based upon a base calculation of taxable income for the parties, the resources each spouse will have during the course of the divorce, appropriate expenses and the cost of living.
If the income of each party is roughly equal, the likelihood of temporary maintenance is greatly diminished.
Get answers to questions and learn if temporary maintenance is likely in your Louisville divorce.
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