Louisville Alimony Attorneys

Compassionate Legal Representation in Louisville, KY

Unlike child support, alimony is not guaranteed in a divorce. Instead, the court will decide if alimony is necessary based on various factors. If you are concerned about whether or not you will be able to receive or be required to pay alimony, you need an experienced lawyer on your side.

Call (502) 383-5590 or contact us online to reach Hodge & Smither PLLC today.

What Is Alimony?

Alimony, also known as spousal support or spousal maintenance, is a court-ordered payment that one spouse must make to the other after a divorce. The purpose of alimony is to help the receiving spouse maintain the same standard of living they enjoyed during the marriage.

How Is Alimony Determined in Kentucky?

In Kentucky, the court will only grant alimony if the requesting spouse can prove that they need financial support and that the other spouse is financially capable of providing it. The court will review the following factors to determine if alimony is necessary:

• The length of the marriage
• The financial resources of each spouse
• The time necessary for the requesting spouse to find a job or become self-sufficient
• The standard of living during the marriage
• The age and physical and emotional health of the requesting spouse
• The ability of the other spouse to pay alimony
• The contributions of each spouse to the education or earning potential of the other spouse

Once the court determines that alimony is necessary, it will then decide how much the payments should be and how long they should last. The court will consider the same factors when deciding how much alimony to award. The duration of alimony payments is typically based on the length of the marriage. The longer the marriage, the longer the alimony payments will last.

Modifying Alimony Agreements

Either spouse can request a modification of the alimony agreement if there is a significant change in circumstances that makes the original agreement unfair. For example, if the paying spouse loses their job and can no longer afford to make the alimony payments, they can request a modification. A change in circumstances could also include an increase in the receiving spouse’s income or the receiving spouse getting remarried.

How Do I Get Alimony?

To get alimony, you must file a divorce petition that requests alimony. You will also need to prove that you need financial support and that your spouse is capable of paying it. The court will review the factors listed above to determine if you are eligible to receive alimony.

If the court decides that you are eligible to receive alimony, it will then decide how much you should receive and how long the payments should last. The court will consider the same factors when deciding how much alimony to award. Once the court makes this determination, it will include the alimony agreement in the final divorce decree.

How Do I Pay Alimony?

If you are required to pay alimony, you must do so as ordered by the court. If you do not make the payments, the court can take legal action against you. This could include garnishing your wages, placing a lien on your property, or seizing your assets.

If you are unable to make the alimony payments, you can request a modification of the agreement. You will need to prove that there has been a significant change in circumstances that makes the original agreement unfair.

Alimony vs. Child Support

Although alimony and child support are both court-ordered payments that one spouse must make to the other after a divorce, they are not the same thing. The purpose of alimony is to help the receiving spouse maintain the same standard of living they enjoyed during the marriage. The purpose of child support, on the other hand, is to help the custodial parent cover the costs of raising the child.

Because the purpose of child support is to benefit the child, the court will always require the noncustodial parent to pay child support. But the same is not true for alimony. The court will only grant alimony if the requesting spouse can prove that they need financial support and that the other spouse is financially capable of providing it.

Alimony Payment Enforcement

If your ex-spouse is not making the alimony payments, you can take legal action to enforce the court order. First, you will need to prove that your ex-spouse is not making the payments. This can be done by providing the court with copies of the checks or money orders that you should have received. If your ex-spouse is making the payments, but they are not the correct amount or they are not being made on time, you can also take legal action to enforce the court order.

Once you have proven that your ex-spouse is not making the alimony payments, the court can take legal action against them. This could include garnishing their wages, placing a lien on their property, or seizing their assets. The court may also order your ex-spouse to pay your attorney’s fees and court costs.

Why Choose Hodge & Smither PLLC?

At Hodge & Smither PLLC, we are committed to helping our clients get the best possible results in their alimony cases. Our Louisville alimony attorneys have over 20 years of combined experience and are highly respected in the legal community. You can rely on us to provide you with the compassionate legal guidance you need during this difficult time.

Call (502) 383-5590 or contact us online to schedule a consultation with our alimony lawyers in Louisville.