When Spousal Maintenance Is Granted In Divorce
Traditionally known as alimony, spousal maintenance is often the source of much conflict and disagreement in divorce cases. The judge will not typically pursue spousal maintenance for either spouse unless it is specifically requested. Spousal maintenance is only considered if the spouse seeking maintenance cannot support him- or herself or if caring for a child prevents the spouse from working outside of the home. It is ultimately the judge who decides whether maintenance is granted and what the amount of maintenance will be.
Factors used in deciding the amount of spousal support include:
- The health and age of each spouse
- The length of the marriage
- How assets were allotted in the property division
- Current and potential income of each spouse
- The financial position of the receiving spouse
- The paying spouse’s ability to pay
Whether you are seeking maintenance or are being asked to provide maintenance, you need an attorney who can advocate for your needs and make sure you get an equitable settlement.
I have represented divorce clients in spousal maintenance hearings in Bowling Green and throughout South Central Kentucky for more than 30 years. If you need help in a spousal maintenance hearing, please call my office at 270-936-8123 or complete my confidential contact form to set up a consultation.
Types Of Spousal Maintenance
Spousal maintenance may be granted as one lump sum, known as close-ended support, or it may be granted as a monthly payment for a set period of time, known as open-ended maintenance. Lump sum maintenance may be paid out over a period of time, but the sum cannot be modified. Open-ended maintenance payments can be challenged and modified at any time.
In rare cases, the court may grant permanent maintenance. Typically, permanent support is only granted if two or more of the following scenarios are true:
- The marriage lasted for at least 10 years
- The spouse seeking maintenance earns no income
- The spouse seeking support earns significantly less than the paying spouse
- The spouse seeking support has a medical condition that prevents them from working
The payment period for spousal maintenance is based on a formula that typically results in a period equal to half the length of the marriage. It is at the judge’s discretion to decide on the final time period.
If You’re Facing A Spousal Maintenance Hearing, Contact Walton Law P.L.L.C.
If you need an advocate to fight for your financial needs in a spousal support hearing, please call me at 270-936-8123 or complete my confidential contact form. I have been helping people in Bowling Green and throughout South Central Kentucky for more than 30 years.