What does the court consider when it comes to spousal support?

What does the court consider when it comes to spousal support?

| Mar 31, 2020 | Divorce |

Not everyone walks away from a marriage with financial security. In many divorces, one party potentially leaves the marriage with a disproportionate amount of the assets and income. When this happens, the court will consider a request for spousal support.

As is the case in other states, spousal support here in Kentucky may only last indefinitely under specific circumstances. In most cases, it will only last for a specified number of years or until the recipient remarries. The courts award it based on a variety of factors.

The length of the marriage, income of each party and the income potential of each party are just some of the criteria the courts look at when making a decision regarding spousal maintenance. Other factors include past actions of the parties, including infidelity and abuse, the physical and psychological health of each person, and the age of the parties. The courts also look at practical matters, such as potential tax ramifications, the division of marital property, the contributions of each party to education or business of the other party and more.

Another consideration is whether the party needing support will be able to support him or herself at some point. If a disability or some other issue prevents that from happening, spousal maintenance could continue indefinitely unless that individual remarries. Otherwise, it may last only as long as it would reasonably take for the receiving party to find gainful employment that will make up for the financial disparity of the parties at the time of the divorce.

Regardless of whether a spouse will receive or pay spousal support, it is vital to present as much evidence to the court as possible supporting your position. Discerning what that evidence should be can present a challenge. For this and other reasons, it would be wise to work with a Kentucky family law attorney.