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.
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:
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.
There are several types of maintenance in Hopkinsville, Kentucky, including short-term, long-term, and lump sum.
Your attorney can help you understand which type of alimony may result in your divorce.
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 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.
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.
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.
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.
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.
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.
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.