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Posts tagged "spousal maintenance"

Calculating alimony in Kentucky

individual during a divorce proceeding. It can be temporary or permanent depending on the financial circumstances of each spouse that is ending a marriage, regardless of gender. Eligibility requirements involve when one spouse either has a lack of assets after divorce or is unable to maintain employment with enough resources to support him or herself post divorce. Alimony helps the less fortunate spouse to receive payments so they can have increased income and be able to pay their normal monthly bills. Here is some information about types of alimony and factors considered by the court when determining spousal support payments.

Kentucky and Alimony

A major issue which arises in the dissolution of a longterm marriage is that of spousal maintenance, otherwise known as alimony or spousal support. Too many lawyers frequently present it to clients as an "it exists, live with it" proposition, and laymen understand it only as the nebulous concept of alimony. This conclusive and nonexplanatory concept is constantly reinforced in the opinions of both trial and appellate courts, and this misconception is compounded through the earnest efforts of legal scholars in creating  largely incomprehensible articles on the topic.

Why Claim Spousal Maintenance?

A major issue that arises in the breakup of  longterm marriages in Kentucky is that of spousal maintenance, also known commonly as alimony. Attorneys all too frequently present it to clients as an "it exists, live with it" proposition, and laymen understand it only in the abstract. Sadly, poorly defined legal precepts on maintenance are constantly reinforced in the opinions of both trial and appellate courts; further obfuscation comes from the earnest efforts of legal scholars in creating voluminous (and largely incomprehensible to anyone outside the legal community) articles on the topic.

Kentucky Law on Spousal Maintenance/Alimony

A major issue which arises in the dissolution of a longterm marriage in Kentucky  is that of spousal maintenance, known otherwise in some other states and in the common culture as alimony. Practitioners of the law all too frequently present it to clients as an "it exists, live with it" proposition, and laymen understand it only as a nebulous concept. Sadly, this conclusive and nonexplanatory concept is all too frequently reinforced in the opinions of both trial and appellate courts; further obfuscation comes from the earnest efforts of legal scholars in creating voluminous (and largely incomprehensible to anyone outside the legal community) articles on the topic. Because of this, the general public has difficulty in understanding how spousal maintenance awards are even justifiable in an age where there is rough parity in employment and economic potential among men and women - this leads to miscommunication and misunderstanding between lawyer and client. To my way of thinking, it is important to distill the notion of why it exists down to an explanation that is simple, yet not a soundbite, if only to clarify available options.

Planning Your Kentucky Divorce

In Kentucky, a action for the dissolution of marriage (commonly referred to as a divorce) is the culmination of the period of turmoil that reflects a relationship in great crisis.  In the months prior to the actual filing, there is usually a period of stagnation because the decisions to be made are difficult, costly and have a huge impact on the lives of the litigants. Allocations of parenting time, child care decisions, school choices, child support, alimony/spousal maintenance and the division of hundreds of thousands of dollars' worth of assets and debts all have to be considered, all while the couple is under severe emotional stress.

Remarrying a Former Spouse After Divorce - Starting From Scratch

I recently came across an article about an older couple that remarried nearly fifty years after getting a divorce.  While heartwarming to the point of nearly being maudlin, the story brought to mind the occasions that I've had to work with couples who were breaking up after a second attempt with each other (some having experienced intervening marriages to a third party).   Having worked in this area of the law for a number of years, I've noticed a definite pattern to these relationships; this pattern is marked by some legal realities that some parties find difficult to accept at first glance, and which serioulsy impact the eventual resolution of the case.

Health Insurance and Your Divorce

A frequent issue that arises in the context of a divorce is the question of health benefits.  This issue can be acute when a long-term marriage dissolves, as a person previously covered under an employment plan offered by their spouse's employer generally comes to find that the 18 month continuation of COBRA benefits is so costly as to be prohibitive.  Compounding the difficulties for the older divorcing client is the problem of insurance underwriting on policies for those who are sailing headlong through middle age - the underwriters are overly picky, and the product that is offered is expensive.  In that instance, a regular market based policy solution (if available at all) is as financially out of reach as the COBRA benefit.

Alimony and Taxes

In some jurisdictions a monetary transfer to a former spouse for the purpose of meeting ordinary living needs after the dissolution of a long term marriage is known as alimony.  In Kentucky this transfer is known as spousal maintenance, and the establishment of this obligation triggers tax consequences for both parties.  As a matter of tax law, the payment of maintenance or alimony is deductible for the payor and income to the payee and it then becomes incumbent on the parties to consider the overall long term tax costs of the transaction in crafting a resolution to this issue as it arises.

Why Spousal Maintenance?

A frequent issue that arises in the dissolution of a longterm marriage is that of spousal maintenance.   Practitioners of the law all too frequently present it to clients as an "it exists, live with it" proposition, and laymen understand it only as the nebulous concept of alimony.  Sadly, this conclusive and nonexplanatory concept is constantly reinforced in the opinions of both trial and appellate courts; further obfuscation comes from the earnest efforts of legal scholars in creating voluminous (and largely incomprehensible to anyone outside the legal community) articles on the topic.

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