Spousal Support in Louisville Divorce
How does Louisville Family Court set the amount and duration of Spousal Support in a Divorce? This is an important question when you are going through a divorce in Louisville Family Court.
Receiving Spousal Support in Louisville Divorce
There is no easy answer for calculating spousal support, maintenance or alimony. The statute that covers spousal support is KRS 403.200. To receive spousal support, you must first prove that you lack sufficient property, including marital property to provide for your reasonable needs, and are unable to support yourself through appropriate employment or are the custodian of a child whose condition or circumstances make it appropriate that you not be required to seek employment outside the home. KRS 403.200(1).
What does all of that mean? Your reasonable needs are your monthly living expenses. Your reasonable needs must exceed your income, including the income from the marital property you receive in a divorce. Once you “pass” the first part of the test, then you must set the amount and duration of maintenance.
How do you (or the Court) come up with the right number for monthly spousal support? The statute requires that the maintenance order shall be in such amounts and for such periods of time as are just, and after considering all relevant factors including: (a) Your financial resources, including marital property apportioned to you, and you ability to meet your needs independently, including the extent to which a provision for support of a child living with the party includes a sum for you as custodian; (b) The time necessary for you to acquire sufficient education or training to enable you to find appropriate employment; (c) The standard of living established during the marriage; (d) The duration of the marriage; (e) Your age and physical and emotional condition; and (f) The ability of your spouse to meet his needs while meeting your needs. KRS 403.200(2).
So, all of that together means that spousal support must be in an amount and for a duration that helps you meet your monthly needs until you can meet them yourself, all within the bounds of the duration and standard of the marriage. There are a lot of factors taken together which make it difficult to answer “How much maintenance should I receive?”.
Paying Spousal Support in Louisville Divorce
If your spouse seeks payment of spousal support in your Louisville Divorce, then you have very similar questions. How much and for how long? How will I be able to pay my own bills and spousal support? Does it matter that I did not want the divorce?
When a marriage goes through a dissolution of marriage, there is one (1) unavoidable truth: it is more expensive to have two (2) households than one (1). If you do not want a divorce, then it is particular difficult to write a check every month to your ex-husband or ex-wife. However, the standard for divorce in Louisville Family Court is an irretrievable breakdown of the marriage. If only one (1) spouse thinks the marriage is irretrievably broken, the Louisville Family Court must go forward with the divorce.
You will most likely pay spousal support in your Louisville Divorce if you have been the primary wage earner. Louisville Family Court must consider your ability to pay your expenses when the award is set. However, the Judge most often expects the expenses to be reasonable and that some belt tightening will take place.
There are two types of spousal support: rehabilitative and permanent. Permanent is open ended and is very rare. Permanent spousal support is awarded where there is a long term marriage and one (1) party raised the children and the other earned the money, or where one (1) party has an impairment to their ability to earn (disability or other event). Rehabilitative spousal support will be for a fixed term and is designed to return the spouse receiving spousal support to the workplace or their highest earning potential.
Either way, if you are paying spousal support in your Louisville Divorce, you will want to plan carefully. Two (2) people can help you and your spouse prepare a reasonable maintenance award: your attorney and your financial planner/CPA. The calculation is both very difficult and very important.
If you need help, then please call or email me. If you are not ready to talk, but need some more information, then take a look at my website or The Louisville Divorce Attorney or The Louisville Divorce Lawyer.