Hopkinsville Spousal Support Lawyer

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Hopkinsville Spousal Support Attorney

No couple expects to divorce after getting married. Sometimes, this is simply a reality. When a couple divorces, one spouse or another may be ordered to pay spousal support, which is often referred to as alimony. If your marriage ends, and you are ordered to pay alimony, you may want to consider hiring a Hopkinsville spousal support lawyer to help sort out the arrangements.

Best Hopkinsville Spousal Support Lawyer

Who Pays Spousal Support?

Alimony, which is also called spousal support or maintenance in Kentucky, is the money one party in a divorce may pay to another party once the marriage ends. If one spouse was financially dependent on another spouse during the marriage, the supporting spouse may be required to continue supporting the dependent spouse via alimony. Any party in the marriage may be ordered to pay spousal support depending on various factors.

In Kentucky, some of the factors that are considered when calculating alimony include:

  • The financial state of the party seeking support, including child support payments
  • The time it takes to find employment or education
  • Their standard of living during the marriage
  • The length of the marriage
  • The age and health of the dependent spouse
  • The supporting spouse’s needs and ability to pay

Unlike other states, Kentucky does not consider fault-determining alimony. This includes if one party was to blame for the dissolution of the marriage for reasons such as an affair, being abusive, or any other variety of reasons. It is also important to note that the judge has the final say when determining a spousal support order, and any factor they deem relevant may be considered. Only a new court order can modify the arrangement once a ruling is made.

What Are the Types of Spousal Support?

There are several types of maintenance in Hopkinsville, Kentucky, including short-term, long-term, and lump sum.

  • Short-term alimony can be for a finite period, or it can be indefinite, such as how long it takes for the support-seeking spouse to find employment. Rehabilitative alimony is one such example, and it may involve a judge ordering spousal support for as long as it takes the support-seeking spouse to be gainfully employed or to be reeducated.
  • Long-term alimony is typically for situations where a support-seeking spouse is unable to find employment rather due to a disability, age, or other factors. This can also be referred to as reimbursement alimony if one spouse made considerable sacrifices for the betterment of the marriage.
  • Lump sum alimony is like asset division. This is when one spouse pays one lump sum alimony payment instead of several payments over the course of time. Ex-spouses may choose this option to avoid having to stay in contact with their former spouse.

Your attorney can help you understand which type of alimony may result in your divorce.

How Long Will I Pay Alimony?

Alimony, especially if it is long-term, will typically be paid until one of the spouses dies or remarries. In most cases, alimony is not permanent since its purpose is for the lower-earning spouse to maintain their standard of living after the marriage. If the dependent spouse can maintain that standard on their own, a judge may terminate the payment requirements.

Alimony Payment Methods

Alimony may be paid by several methods. The most common is for monetary exchange, such as cash, check, or online transfer via an app. Payments can also be made via automated transfer. Sometimes, however, a spouse’s wages can be garnered if they refuse to pay or neglect to make their ordered payments.

When Should I Hire a Lawyer?

Hiring an alimony attorney may be a wise decision for several reasons. First, you may want to hire an attorney if your case is complex. If the marriage is especially contentious, if there are large income disparities, if the marriage is long-term, or if there are concerns about marital misconduct, you may want to hire a lawyer. Your lawyer can help negotiate your payments if you are ordered to pay or advocate for your receiving payments if you are seeking maintenance.

FAQs

Q: How Much Does a Divorce Lawyer Cost in KY?

A: The cost for a divorce lawyer in Kentucky varies. The most common determining factors are the firm’s location, the lawyer’s experience, and the complexity of the case. More experienced and educated lawyers can justify charging more, and more complex cases tend to require more billable hours. The costs you could incur should be discussed with your potential attorney during an initial conversation.

Q: Who Receives Spousal Support in Kentucky?

A: Spousal support in Kentucky could be awarded to either spouse in the divorce process. Awards of alimony are based on several factors, including each spouse’s access to funds for self-support, employment status, and potential, the ability to work if caring for a child, and more. It is important to understand that the law does not allow spousal support to be awarded based on gender, age, or other personal characteristics.

Q: Do You Need an Attorney for a Divorce in Kentucky?

A: While you do not need an attorney for all divorces, it is wise to hire one. Even if your divorce is uncontested, your lawyer can educate you on your rights, represent you in court, and help you navigate the legal process. If your divorce is contested, meaning you and your spouse do not agree on most major issues, it is particularly wise to hire a lawyer.

Q: What Happens When Only One Spouse Wants a Divorce?

A: If only one spouse wants a divorce, they can proceed with the legal process of getting a divorce. Since Kentucky is a “no-fault” divorce state, either party can divorce without having to prove the other spouse was at fault. The procedure for filing for divorce is straightforward: one of the parties must reside in Kentucky for 180 days and file a petition in the Circuit Court; the court then makes the final judgment after 60 days of the couple being separated.

Hopkinsville Spousal Support Lawyer

If you are ordered to pay alimony, seek to receive alimony, or want to modify an existing order, let the knowledge and experience of Mathis, Bates & Klinghard PLLC help. Our team has worked with clients in a variety of alimony situations and is here to help you navigate the complicated road ahead. Contact us today to schedule a consultation.

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