​Maintenance (formerly known as alimony) can be a complex and complicated issue in a Kentucky divorce case. Clients often ask Lexington attorney Breck Norment to guess what they might be expected to pay in maintenance/alimony. Others want to know how much maintenance/alimony they might be entitled to. Unfortunately, such an estimation is no easy task.
Based on KRS 403.200, Kentucky courts are tasked with using these balancing tests to determine an appropriate maintenance/alimony award. Each case is different and one of the keys to success is focusing on these factors and analyzing the facts of your case accordingly. This is yet another time during the divorce process when you will want someone like Lexington divorce attorney Breck Norment on your side. Mr. Norment will gather evidence to support your position, prepare your case for a final hearing, and if trial is necessary, help present your best case to the court for determination.
Although Kentucky is generally a “no fault” state when it comes to divorce, fault (or “marital misconduct”) can play a role in maintenance determinations. If the spouse seeking maintenance caused the divorce to occur due to adultery, for example, the amount of maintenance might be reduced due to that spouse’s marital misconduct. Generally speaking, marital misconduct will not preclude a spouse from seeking maintenance, but it could have a direct effect on the amount and/or duration of the maintenance award.
Generally, Kentucky courts will not allow a party seeking maintenance to punish a spouse who engaged in marital misconduct by extorting an amount greater than what the statute would legitimately allow. This is because “fault is not a factor to be considered in arriving at a just amount of maintenance except to prevent a possible windfall to the faulty party seeking it.” Platt v. Platt, 728 S.W.2d 542 (Ky. App. 1987).
Maintenance can be sought permanently (after the divorce) or during the pendency of the divorce (pendente lite relief).
If you or a loved one need a divorce, please contact divorce lawyer Breck Norment for a consultation at 859-363-5959. Maintenance is just one of the many issues which might arise in a Kentucky divorce, and Mr. Norment is well-equipped to help and fight in your corner.