Family law cases in Kentucky can be difficult and contentious. Even in situations where the spouses are on reasonably good terms and show a willingness to negotiate, there are frequent sticking points that can extend the amount of time it takes to settle the matter. One part of a divorce that can be challenging is spousal maintenance. In the past, this was referred to as alimony.
Regardless of what it is called, it is an important part of the divorce. The former spouse being asked to pay will want to mitigate the amount and limit its duration. The person receiving support will want to maximize it and receive it for what they consider a fair amount of time. That does not mean either side is wrong. From the outset, it is important to understand the law for spousal maintenance and what factors come to the forefront when a determination is made.
The court strives to reach a fair resolution for both parties
When the court looks at the couple’s circumstances, it will need to know if the person asking for support does not have enough property to support themselves or they cannot find suitable employment to support themselves. It can also award support if the receiving party is caring for a child and they need to remain at home.
There are several considerations that will enter the equation of how much support will be paid and for how long. When the finances are assessed, including how marital property is shared, the court will assess whether the person asking for maintenance can meet their needs without support. If they have skills or training to get a job immediately, then they might not need a significant amount in support, if they need it at all.
However, many people who were either working part time or were stay-at-home spouses will not have the skills, training and education to find employment in the current economy. They will need to acquire skills to get back in the job market and make enough income so they can support themselves. In these circumstances, the court can decide that the paying party will only be obligated to provide support until the receiving party has gotten that education or training.
People have a standard of living when they are married. An affluent couple might have lived a certain lifestyle. That is expected to be reasonably maintained after the divorce. People of more modest means will be assessed in a different light with the maintenance order adjusted accordingly.
The duration of the marriage is a key factor. Longer marriages in which people are older when they divorce and could have trouble adapting after the marriage is over. They could be nearing retirement age. This will be part of the process when the court determines an amount in support and how long it will last. A younger couple that was married for a short time will have a different landscape.
The person who is being asked to pay maintenance will also have their needs and circumstances analyzed. They must be able to meet their needs after the marriage. The amount ordered will reflect their finances, income, costs, and more.
Make sure to be protected in a divorce case
A divorce does not need to be a complex affair. In many instances, the sides can come together to agree on a fair resolution. In others, it is not so easy. No matter what, people should make sure they are fully protected and have all the necessary help with their divorce case. That is particularly true with spousal support. There is no reason to be fearful when getting divorced. Having experienced guidance can assist with reaching a positive result.
