Domestic maintenance is also sometimes referred to as alimony or spousal support. This aspect of many divorce proceedings can be confusing and contentious. Our team offers representation for couples facing divorce. We can answer your toughest questions about spousal support and help you achieve the results you need. A Louisville divorce attorney from our office can support you throughout this process with the advocacy and advice you need.
Will the Judge Grant Spousal Support?
Kentucky spousal support laws are stringent, judges should not grant alimony unless:
- The spouse who is seeking maintenance does not have adequate resources to support himself / herself, and
- The spouse who is seeking maintenance does not have the ability or capacity support himself / herself and / or is responsible for a child whose care requirements make work outside the home unsuitable
If the judge decides that the spouse requesting alimony is, in fact, entitled to it, they will then examine a number of highly specific factors in determining how much alimony is to be granted. These factors include the financial assets of both spouses, the time needed for the spouse receiving alimony to obtain training and find adequate employment, how long the marriage lasted, any special needs, health status, age, the marital standard of living, and more.
Does “Fault” in the Divorce Affect Alimony?
Kentucky law allows for “no fault divorce.” However, if there was fault on the part of the spouse who is seeking maintenance, and this fault led to the dissolution of the marriage, this could affect how much maintenance he / she will receive. Examples of fault include adultery, abandonment, drunkenness, and abuse.
There are multiple types of maintenance considered in the state of Kentucky, such as:
- Temporary maintenance
- Permanent maintenance
- Rehabilitation maintenance
In addition, there is “open-ended maintenance”, which can be modified at a later date by the Court, and “closed-ended maintenance,” which is paid as a non-modifiable lump sum. Our firm is here to answer all of your questions and to provide you with helpful advice. Whether you are seeking maintenance or seeking to avoid paying maintenance to your spouse, our law office is here to advise you. We have over 15 years of experience and we’re ready to help you achieve results.