Sometimes it is necessary for one spouse to support another during or after a divorce. Depending on the specific circumstances, these payments can last for a set amount of time or can continue indefinitely. A Frankfort spousal maintenance lawyer can help examine your specific circumstances to determine what may be appropriate.
By working with a skilled family lawyer, you can work towards an agreement that is fair to both you and your former spouse. Throughout the process, an attorney from Reidy Law Office LLC can advocate for your rights and make sure your needs are being addressed.
In Frankfort, alimony is known as spousal maintenance and is defined as the payment of money from one spouse to another. Depending on the circumstances, these payments could last from the time one spouse petitions for divorce until the proceedings are finished or it could continue after the final judgment. Specifically, there are three different types of maintenance that may apply.
One type is known as fixed-term maintenance, which refers to a set amount of time that the payor would have to pay the other spouse. This period of time could be either agreed upon by the parties or it could be decided by the judge.
Another type of alimony is rehabilitative maintenance, which is designed to help the recipient be supported financially while they recover from the divorce. This type of maintenance is also referred to as reviewable maintenance, meaning it is subject to a period of review. For example, three years after the judgment has been entered, the parties could go back in the court and determine whether these payments are still necessary based on the current circumstances.
The last type of spousal maintenance under the statute is indefinite maintenance. This means that the person is going to be paying maintenance either for the rest of their life or until there has been a substantial change in circumstance, which could be retirement, remarriage, or another change that would change the need for maintenance.
It is important to understand spousal maintenance in Frankfort. The first thing to understand is that maintenance is determined on a case-by-case basis. There is no rule that determines whether it needs to apply or not. Generally, the court will look at the statute, the length of the marriage, and the income discrepancy to determine whether it is applicable. Therefore, it is important that a party does not assume they do not qualify or that they will not need to pay.
It is also important to note that maintenance is negotiable. In a divorce, the parties could negotiate that one party does not pay maintenance in exchange for something else. For example, in some situations, it may make more sense for a person to receive a larger portion of the marital estate rather than receiving maintenance. A Frankfort spousal maintenance attorney can further explain how alimony is decided.
If you are considering a divorce, it is important to take time to fully understand the full potential impact it can have. Part of this is understanding whether alimony or spousal maintenance will apply. An experienced Frankfort spousal maintenance lawyer from Reidy Law Office LLC can help you understand your rights and obligations. To get started, call today.