If the Court does answer “yes” to the questions above, the next step will be for the court to consider the amount and duration of maintenance that is appropriate. Unlike child support, which has guidelines for the Court to use in determining the amount that must be paid, maintenance is more subjective. The court’s determination depends on several specific factors that are considered for each case:

(a) The financial resources of the party seeking maintenance, including marital property apportioned to him, and his ability to meet his needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian

(b) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment;

(c) The standard of living established during the marriage;

(d) The duration of the marriage;

(e) The age, and the physical and emotional condition of the spouse seeking maintenance; and

(f) The ability of the spouse from whom maintenance is sought to meet his needs while meeting those of the spouse seeking maintenance.

How these factors affect the amount and duration of a maintenance award will depend greatly on the specific circumstances of each case. Although there are resources that can offer estimates as to what amount of maintenance may be appropriate in a case, there are no fixed rules or formulas under Kentucky law.

In some cases, it can be relatively easy to see where a court weighing these factors may determine that a substantial sum of maintenance paid for a long-term or permanent basis may be appropriate. A long-term marriage, where one spouse was the primary or sole income earner during the marriage, may make a strong case for a significant award of maintenance for a long period of time or permanently. However, a short marriage where the parties have similar incomes may make a weaker case for significant maintenance to be ordered.

For example, imagine a divorce action where John and Jane were married for 40 years. John never worked outside the home during the marriage, and Jane made $1,000,000 a year for most of the marriage. In this scenario, the considerable length of the marriage along with the likelihood that John would have fewer financial resources to provide himself the same standard of living that was enjoyed during the marriage would support an award of maintenance. Additionally, because John hasn’t worked in 40 years, any income he would earn after the marriage would likely be far less than Jane’s. Given these factors, there would be a strong basis to award John a substantial amount of maintenance to be paid for a long period of time, or even permanently.

However, even in this example, there may be circumstances that would limit the maintenance that Jane would have to pay to John. For instance, if in the same divorce John was awarded assets such as a large retirement account or income producing real estate (e.g., a rental property), then John may have nearly equal financial resources as Jane. In that case, John’s access to those financial resources may reduce the amount of maintenance that a court may find necessary for Jane to pay John.

In many cases, the determination of how much maintenance is appropriate may be even more convoluted than the example above. For example, consider a divorce in which Jack and Jill were only married for 15 years, Jill earns $1,000,000 per year, and Jack stayed at home during the marriage but could return to work after the divorce and earn $200,000 per year. Here, the court’s evaluation of the factors would likely result in Jack receiving much less maintenance from Jill as compared to the amount John might receive from Jane in the prior example. This is because Jack and Jill’s marriage was significantly shorter, and Jack is capable of earning significant income. 

It is important to remember that the examples provided above will not always align with the court’s maintenance determination; the result will always depend on the specific facts for each case. Collectively, the court will consider all of the factors and how they apply to each case to determine the amount and duration of a maintenance award. While the specific evidence will change depending on the case, there are several items that are routinely considered by courts. Courts will consider the assets and income available to each spouse after the divorce. If one spouse is not employed, the court may also consider whether that spouse can obtain gainful employment and, if so, what they may expect to their income to be. Courts will also consider the parties’ living expenses and the standard of living that the parties enjoyed during the marriage, along with each parties’ expected living expenses after the marriage. While shorter marriages tend to make a weaker case for maintenance, there are no requirements for a marriage to be any particular length before the Court considers maintenance.

If you are considering a divorce and believe that you may be entitled to maintenance or if you want to know whether you may be ordered to pay maintenance, it is important to consult with an experienced attorney to discuss how these factors may apply to the specific facts of your case.