Alimony or spousal maintenance is a common source of conflict during Kentucky divorces. What one spouse hopes to receive might seem unreasonable to the other.
Spouses may find themselves disagreeing about how much alimony payments should be and how long they should last. Some spouses even disagree about the necessity of maintenance payments. If divorcing spouses can’t reach an amicable decision about financial support, then the matter goes to the family courts.
What might a Kentucky family law judge consider when making decisions about spousal maintenance?
Every maintenance order is unique
There is no simple formula that the courts use to calculate spousal maintenance obligations. Instead, judges have to look closely at marital circumstances to determine what is reasonable. The resources of each spouse, including their separate property and their share of the marital estate, are key considerations.
The current employment arrangements and earning potential of the spouses can also be important factors. The overall health of the spouses, including their physical and psychological health, as well as their age, can influence the judge’s decision.
Judges can also consider the conduct of either spouse that could have led to the separation or divorce filing. Spousal abuse and adultery could influence maintenance decisions because of the negative impact one spouse’s behavior has on the marriage.
Judges also consider how long it may take for one spouse to reenter the workforce and what education they may need to do so. They also review any substantial contributions that one spouse made to the education or career development of the other. Tax matters related to the divorce and property division decisions can influence a judge’s decisions. Any terms included in prenuptial or post-nuptial agreements could also influence what a judge views as appropriate.
In Kentucky, spousal maintenance is typically a temporary arrangement. The courts want both spouses to strive for independence after the divorce. The duration and amount of maintenance depend on specific marital circumstances.
Depending on the situation, maintenance could last for a set amount of time during the divorce or may persist afterward. Judges may award alimony for a certain number of months or until one spouse either gains the ability to support themselves or remarries.
Reviewing marital circumstances with the assistance of a skilled legal team can help people understand what could occur during spousal maintenance hearings. Learning more about Kentucky’s family law statutes generally can also be beneficial for those preparing for divorce, as doing so facilitates truly informed decision-making.