During a proceeding for dissolution of marriage or legal separation, a court may order maintenance for either spouse or the parties can agree on a maintenance arrangement. Maintenance (otherwise known as alimony or spousal support) may be awarded on a temporary basis while the case is pending and/or for a period of time after the parties are divorced or legally separated.
How is maintenance calculated?
A court will first examine the factors set out in Kentucky Revised Statute 403.200 to determine whether to award maintenance to a spouse. These factors include whether the spouse seeking maintenance:
Once a court determines that a spouse is eligible to receive maintenance, the court will award maintenance in a specific amount and for a certain length of time based on the following factors:
Can my maintenance award be changed?
The Supreme Court of Kentucky recently changed the modifiability of a maintenance award. According to Woodson v. Woodson, 338 S.W.3d 261, 263 (Ky. 2011), a maintenance award is subject to modification if the party seeking modification demonstrates a “change in circumstances so substantial and continuing as to make the terms of the maintenance award unconscionable.” Kentucky Revised Statute 403.250(1).
Contact Sparks Integrative Family Law to learn more about how maintenance may affect your case, or to discuss whether you are eligible to seek to modify the amount of maintenance you are paying or receiving.