Alimony Attorney in Louisville KY
When a couple decides to divorce an important part of the dissolution of the marriage that will need to be discussed is the matter of alimony. Also known as “maintenance,” alimony can be awarded to either party regardless of gender, and either permanently or for an agreed-upon amount of time. It allows a former spouse to experience a living style that is not drastically worsened due to the divorce. The financial circumstances of both spouses will be taken into consideration.
What conditions must be met for you to be awarded alimony?
There are two conditions you must meet in order for a judge to award you alimony. The first is that you must be unable to maintain employment that sufficiently covers your basic expenses. If you are not self-supporting, and if after the property with your former spouse is divided up you are left with nothing or too little to sustain yourself, then you may be eligible for alimony. The second condition is that you have a child and cannot seek employment outside of the home.
How is alimony calculated?
Several factors will be used to calculate how much alimony is to be paid. These factors include each spouse’s current income or ability to earn an income, how long the marriage lasted, Kentucky state laws, the standard of living while the couple was married and how long it will take the financially dependent spouse to become financially independent. Additionally, the spouse’s age, mental condition, and sometimes the reason for the divorce can also play a role in determining how much is paid out. The judge will also look at the amount of debt and property that was owned between the couple.
This is alimony that is paid for the rest of your life, or at least until retirement age. This type is rarer these days but was more commonly awarded decades ago.
This is when alimony is being paid out only while the divorce is still pending. Once the marriage has officially ended, the payments will also end. This is to help ease the financial burden of the spouse who will be financially disadvantaged because of the divorce.
This is a type of alimony that is paid for a period of time to allow for the spouse who earns a lower income is able to become financially stable. If you made significant sacrifices for the marriage that affected your ability to earn money, such as staying at home to raise kids instead of further your career, then the judge may consider this.
In the meantime, the dependent spouse must be actively trying to find employment or other means of becoming self-sufficient. Rehabilitative maintenance is not meant to be something that a dependent spouse is on permanently. Therefore, if you are the recipient of rehabilitative maintenance, this would be an ideal time to use that alimony to pay for school or other work training.
Do you need a lawyer for your spousal support hearing?
The law does not make it mandatory for you to get legal help in these cases. Also, many spouses think that a lawyer will be an unnecessary added cost at a time when so many other expenses are piling up and the future seems so uncertain. There are others who think that showing up at a hearing with an alimony attorney will only serve to ignite tempers and escalate the ongoing hostilities that surround the subject of spousal support as it is.
Even though these arguments against legal help may seem sound, there is no doubt that a lawyer will do a better job when handling these issues. It’s not only because they are familiar with the law but because they know and have worked with the rules of procedure countless times. And if they have worked with that particular judge before, they may also be familiar with their rulings and be able to plan a good strategy regarding the best approach that should be taken.
You will also be able to safeguard your feelings and any escalation of hostilities may be avoided when your alimony attorney is speaking on your behalf.
Another important point when deciding on an alimony attorney is the financial one. Arriving at the right amount for spousal support may require an analysis of your whole financial picture, having an experienced alimony attorney will ensure that all resources available are brought to the table in order to come up with the best possible conclusion. In this sense, it is actually recommended that both parties bring their own attorneys to the hearing.
Can spousal support be modified in Kentucky once granted?
The law in Kentucky is quite clear on this point and it states that a decree for spousal support may be modified only if there is a showing of a continuous and substantial change in the circumstances of the individual making the payments such that it has made the continuance of the current order unreasonable. Nevertheless, this is a difficult standard to meet. That is not to say that it cannot be met, but the bar is high.
However, there are many instances where whoever is responsible for the spousal maintenance simply cannot continue doing so or not at the level the payments are set at this moment. This could be because they either lose their job, are diagnosed with a major illness, or their life simply takes a turn for the worse making it impossible for them to continue with the current spousal maintenance order.
If you find yourself in this situation, it is more important than ever to take the matter up with a legal professional. They will be able to help you pursue a modification that will lighten your financial load while still providing adequate support to the spouse who is receiving this maintenance. It’s not just a matter of bringing up the subject with your ex-spouse. This is a legal document that needs to be modified following the law. Think about it: the more you put off taking care of this problem, the harder your financial burden will become. Talk to your trusted Alimony Lawyer in Louisville, KY to get the process started.
Does remarriage affect spousal support obligations?
Definitely. When the spouse receiving alimony payments remarries, alimony ends automatically. Even if the supported spouse moves in with a new partner, the financial assistance might be adjusted. However, there are some cases, such as when the receiving spouse is suffering from a disability, that spousal support may continue after remarriage. As far as child support, remarriage has no impact on the payments that the children receive.
Why You Should Hire An Alimony Lawyer
As society has changed, so have alimony laws. Decades ago divorce meant that a woman lost a significant income and would have to survive with limited job options. Now the courts make decisions with fewer assumptions based on gender or type of profession. A spouse of either gender can pay alimony to the other, and the spouse with the lower income may not have to pay. You should hire an alimony lawyer to represent you and to negotiate your alimony amount. You should also hire an alimony attorney if you seek to change the amount.
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