Maintenance Attorney

Maintenance is usually referred to as “alimony,” meaning the payments that one spouse makes to the other spouse after a divorce. This is one area of family law that is considered to be very confusing, simply because it is so subjective. At The Farrish Law Firm, L.P.A., our experienced maintenance attorneys help Northern Kentucky clients understand what this means and advocate for our clients during the divorce proceeding to make sure that the court’s decision is as fair as possible.

Maintenance is awarded to make sure that neither spouse endures an economic hardship that the other spouse does
not endure following a divorce. It is awarded during a divorce, separation, or occasionally even after a divorce in rare circumstances. This usually involves a detailed assessment of the couple’s standard of living during the marriage, but it depends on many factors.

In some cases, in fact, maintenance isn’t awarded at all. This may occur if neither spouse requests maintenance, but it may also occur if two other factors are present:

1. The spouse who would pay maintenance fees does not have sufficient property to make payments without denying himself or herself the same standard of living
2. The spouse who would pay maintenance fees cannot support himself or herself through employment or is the custodial parent of a child who requires additional care, thereby requiring that the parent abstain from working outside the home in order to care for the child

Note that both of these factors must be present. One factor alone is not sufficient to make a maintenance exception under Kentucky law.

Here are just a few other common questions that the divorce attorneys at The Farrish Law Firm, L.P.A. often receive:

Can men receive maintenance payments?

Yes. Although we typically hear about ex-wives receiving maintenance payments, ex-husbands are covered under the same Kentucky legislation (KRS 403.200).

Can I receive maintenance if I was in a serious relationship without being married?

No. Maintenance only applies to the dissolution of a marriage under Kentucky law.

Does maintenance affect property division?

According to Kentucky law (KRS 403.200(1)(a)), property division occurs before maintenance is granted. The results of a property division agreement can affect the results of a maintenance decision, but not vice versa.

If my spouse cheated on me, does that affect maintenance payments?

The court has the right to consider infidelity while determining the amount of maintenance, according to Kentucky law (KRS 403.200(2)). However, the court is not required to make this consideration.

If my spouse isn’t a Kentucky resident, can I still receive maintenance payments from him/her?

Yes, but there are some restrictions. First, the requesting spouse must be a resident of Kentucky even if the paying spouse is not. Second, both spouses must have been Kentucky residents during the marriage and the paying spouse must have changed his/her residency within one year of the maintenance action. Third, the paying spouse must consent to jurisdiction by waiver.

What happens if my spouse refuses to make maintenance payments after the court order?

Under Kentucky law (KRS 403.250), the paying spouse is required to make payments until death of either party or until the receiving spouse remarries. This provision can only be changed through a written agreement or under the divorce decree.

Many factors come into play when the court is deciding on maintenance payments. It’s important to have an attorney you can trust if the going gets rough. Contact the Northern Kentucky maintenance attorneys at The Farrish Law Firm, L.P.A. today.