When people get married, one of the promises—express or implied—is that they will care for their spouse for the rest of their lives. This care takes several different forms, but financial care is often a significant part of that agreement. When the spouses decide to divorce, they are ending the agreement to provide mutual care. However, that is not always fair in every circumstance. In those instances, the court may order spousal maintenance for the financially vulnerable spouse.
Of course, the spouse who may be required to pay spousal support generally objects to doing so. After all, they are getting divorced and will no longer enjoy the other person’s care—why should they be responsible for ensuring the other party’s financial well-being? No wonder disputes over spousal support can get contentious. Whether you are seeking spousal support or trying to reduce or avoid spousal support obligations, you need the help of a Fort Mitchell spousal support lawyer. Call today to speak with one of the experienced family law attorneys at Busald Funk Zevely about your situation.
What Qualifies a Spouse for Spousal Support?
Some states require a spouse to be married a certain number of years or other qualifications to trigger spousal maintenance eligibility. Kentucky does not. Kentucky Revised Statutes § 403.200(1)(a) provides that a spouse may be eligible for spousal maintenance if they lack sufficient property to provide for their reasonable needs.
The court will examine whether the spouse requesting maintenance can support themselves with appropriate employment. To determine the answer to that question, the court may look at the marital history of the couple. Did one spouse step away from a career to provide support and care for the other? If so, they are more likely to get spousal support. The longer the marriage—and the period of financial dependence—the more likely the court will award alimony.
Another factor the courts will consider is whether the requesting party is caring for a child. The age of the child, as well as any special considerations, will help the court determine if it is reasonable to request that the parent return to work. For example, a court may order short-term spousal maintenance for parents of infants or young children, but long-term spousal maintenance is only available if the spouse is the caregiver of a child with special needs. A Fort Mitchell alimony attorney can review all relevant factors to a specific case during an initial consultation.
How Much Is Spousal Support?
The amount of spousal support depends upon both parties’ financial resources. The court begins by looking at the standard of living established during the marriage. While divorce may alter the standard of living for the parties, it should leave them in roughly the same position that they enjoyed during the marriage. A lower-middle-class partner will not be expected to provide the same level of spousal support as a millionaire.
However, the court will also examine the parties’ assets. In some scenarios, the standard of living during the marriage may be well below or well above the standard that their assets could support. In those instances, the court will focus more on available assets than on the standard of living.
The ability to pay is also critical. A person cannot be voluntarily unemployed or underemployed to reduce or avoid their spousal support obligations. However, a court will also rarely require a person to try to get a higher-paying job in order to provide spousal support. In some circumstances, they might do so. For example, suppose one partner provided the majority of support and care during the marriage, including unpaid labor like childcare, and is divorcing because a spouse is not pulling their weight. In that case, the court may respond by ordering the partner who is not contributing financially to get a job to pay spousal support.
How Long Is Spousal Support?
The court has the discretion to determine the length of any spousal support orders. It will consider several factors, including the length of the marriage, how long it will take the spouse to receive support to get the training or education to support themselves, and other contributing factors. A well-practiced lawyer in Fort Mitchell can review the circumstances of a case and provide an educated opinion on how long a spouse can expect to pay or receive spousal support.
Get in Touch With a Fort Mitchell Spousal Support Attorney
Unlike child support, which supports the parties’ children, spousal support requires one party to fund their ex directly. Few people want to pay for it, even though some spouses need it. The disputes over spousal support can get ugly and messy.
Get the help of a Fort Mitchell spousal support lawyer at Busald Funk Zevely. They can provide you with information about reasonable support orders based on the details of your marriage. Call today to schedule a free consultation.