What is the difference between temporary and post-divorce maintenance support orders in a Kentucky divorce? Maintenance (often referred to as spousal support or alimony) is often one of the key issues in many Shepherdsville, Elizabethtown and Louisville area divorce cases. When is maintenance / spousal support ordered, and what is the difference between temporary spousal support orders and a more permanent order? What determines the length of spousal maintenance in a divorce case here in Kentucky?
The Court will consider the needs of the spouse who earns the least in terms of maintaining the “status quo” during the divorce proceedings when that spouse files a request for a maintenance support order. The Court usually issues a “temporary maintenance support” order which is intended to ensure that the spouse with the lower income is able to maintain a standard of living that is somewhat close to that enjoyed during the course of the marriage. Temporary support orders are intended to reasonably somewhat level the playing field during a divorce. “Temporary” refers to the time from when the order for maintenance is issued until the time at which the Judge issues final or post-divorce maintenance support orders.
The amount of temporary and post-divorce maintenance support orders is usually quite different. Spousal maintenance is often higher during the process of the divorce and reduced when permanent or post-divorce orders are issued.
Post-divorce maintenance orders are usually issued toward the end of the divorce process. It may surprise you to learn that there is no specific formula for the determination of maintenance or alimony in Kentucky. The Judge is provided with an extensive set of factors to weigh and consider when determining if maintenance is to be ordered, how much it will amount to as well as the duration of the maintenance itself.
There are two types of post-divorce maintenance: rehabilitative maintenance and permanent maintenance. Rehabilitative maintenance is designed to support the recipient as they seek viable employment and/or develop more marketable skills. Rehabilitative maintenance is usually shorter in duration from a time point of view.
Permanent maintenance has become less common in recent years and is usually ordered when the underlying marriage lasted a long time (i.e. more than 10 years), especially when one of the spouses has given up their career to manage the household and/or raise children. An order for permanent maintenance will reflect not only the ability to earn a viable income, but the age and health of the recipient as well as the ability of the other spouse to pay support.
Under Kentucky Family Law, the Judge will consider many factors to determine the need for, length and amount of post-divorce maintenance. Did one spouse work to support the other through school or while they obtained a professional degree, license or certification? What are the present marketable skills of both spouses, and what are their prospects for gainful employment?
Temporary and post-divorce maintenance support orders can always be changed, however, there usually needs to be a substantial change in the circumstances of one or both of the parties (referred to legally as the “Status Quo”) in order for the Judge to hear the request. Changes to the amount or duration of spousal maintenance support may be required based upon changes in either the payor’s or recipient’s income, remarriage or substantive cohabitation, changes in employment or health for the payor, a change in child custody and/or visitation and other factors specified under Kentucky family law.
These matters require the insight of an experienced family law attorney who can guide you and protect your interests. John Schmidt has more than 20 years of experience in Bullitt and Hardin County divorce courts. At the Law Offices of John Schmidt & Associates, PLLC we can share practical and valuable insight into situations that might be similar to your case, and answer any questions you may have regarding temporary and post-divorce maintenance support orders
If you are concerned about spousal maintenance or support, or would like to ask a Kentucky Family Court for modifications to an existing maintenance support order we invite you to contact us via e-mail, schedule an appointment or call us today at (502) 509-1490 to get the answers you need and to help accomplish your family law goals and objectives.
