How does maintenance or spousal support work in Kentucky, and how will I know if temporary or permanent maintenance or spousal support orders are likely in our divorce case? In many cases, spousal support is established as “temporary” at the outset of the divorce process. Ultimately, the question of whether or not these orders will become “permanent” and the amount of spousal support are unique to each case and the specific circumstances surrounding the length of the marriage, the lifestyle of the spouses, and more than a dozen other factors. Is there a need for support and the ability to pay for it?
The request for temporary spousal support is usually contained in the original petition for a divorce. My name is John Schmidt, and after more than 25 years of experience as a family law attorney based in Shepherdsville, I can tell you spousal support or maintenance is not a specific equation like child support. There are several factors that will go into whether or not temporary or permanent maintenance or spousal support orders will be relevant in your case.
Once a petition is filed, an initial hearing is scheduled within 30 to 90 days. The respondent (the party to whom divorce papers were served) usually has 20 days to file a response to the original petition, including any request for maintenance. It’s often possible to work out or negotiate some of these issues before the hearing to help lower associated costs and keep things moving when it is in our client’s interests to do so.
When the parties disagree on the need for and amount of temporary maintenance, the Court will usually review the matter and issue a decision on temporary orders, including spousal support. Permanent spousal support “judgments” are often negotiated by the parties and their attorneys. If they are unable to reach an agreement on their own, mediation is often the next option in the process. This is why working with an experienced and proven family law lawyer from the Law Offices of John Schmidt & Associates is so important.
When the parties are unable to resolve the question of maintenance, the Judge will hear the matter and consider several factors, including the length of the underlying marriage, the ability of each party to be or become self-sustaining, the age and health of the former spouses, the lifestyle they enjoyed during the marriage and the presence of substantial assets or retirement accounts. The length of any “permanent” spousal support order is another important question to be answered.
Will temporary or permanent maintenance or spousal support orders be important in your Shepherdsville or Bullitt County divorce case? We invite you to contact us via e-mail, schedule an appointment or call us today at (502) 509-1490 to get answers to your questions and to learn more about your unique circumstances and how to protect what is most important to you in your family law case.
