Maintenance
Maintenance laws seek to prevent a spouse from suffering a significant decrease in his or her standard of living after a divorce. The goal of maintenance is to provide financial help so that the lower earning spouse can eventually reach a point of self-sufficiency. An example of when maintenance may be awarded is when a spouse is either untrained or has been out of the workforce for so long that it would be difficult, if not impossible, for them to quickly attain a job that would allow them to maintain the same standard of living they had during the marriage.
Kentucky family courts adhere to Kentucky Revised Statute (KRS) 403.200 when hearing maintenance requests. Before maintenance can be granted, a family court judge must determine that the spouse requesting maintenance lacks sufficient property to provide for his or her reasonable needs, and is unable to support himself or herself through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek work outside of the home.
If the above requirements are satisfied and if the supporting spouse has the ability to pay maintenance, the court will consider a number of factors when determining the amount of maintenance and the length of time that a spouse will receive maintenance. These include but are not limited to the seeking party’s financial resources, ability to work, standard of living during the marriage, the duration of the marriage, age, and physical condition.
The court may award maintenance while a divorce is pending. This is referred to as “temporary maintenance” or “maintenance pendente lite.” The court may also grant post-divorce maintenance. This may be for a period of months or years or may be a permanent order.
An award of maintenance is an enforceable court order. If the payor fails to fulfill the obligations of the court order, he or she may be found to be in contempt of court. This may result in the court taking the necessary steps to compel the payor to comply with the maintenance order. Several actions available to the court including imprisonment, seizure of property, and wage garnishment. Parties may also seek to modify maintenance if certain factors can be met, such as a substantial and continuing change in circumstances that renders the original maintenance award unconscionable.
Kellner Green can help you assess whether requesting maintenance is appropriate in your divorce. We are also available to assist in seeking enforcement or modification of existing maintenance orders. If you are interested in learning more about what we can do for you regarding your maintenance and spousal support, contact us to set up a consultation.