Divorce

Spousal Support

During and after a divorce, it may be necessary for one former partner to pay the other spouse regular amounts of compensation in the form of spousal support — also known as alimony. This depends on the financial status of both parties, the potential of each to earn income and other key factors. At White Peck Carrington, LLP, we help with all issues related to spousal support, and our legal team provides superior service and personal attention at competitive rates. Our lawyers have more than 100 combined years of experience, and our firm has been in operation in Mount Sterling since 1862.

Different types of spousal support

Depending on your circumstances, the court overseeing your family law matter may award a particular form of spousal support to one of the former partners in a dissolving marriage. The three main types of alimony are:

• Temporary support. Sometimes referred to as pendente lite, this is typically awarded during the time when the former spouses are separated, but not yet divorced. It is intended to help the recipient maintain their standard of living while the divorce is being finalized.
• Rehabilitative support. This is also awarded for a short period of time and is intended to help a spouse rehabilitate through job training, education or job experience. The ultimate goal is for the recipient to become more self-sufficient and no longer require support. Rehabilitative support is usually awarded for a fixed amount of time, depending on the type of educational or professional rehabilitation the individual is pursuing.
• Permanent support. This stays in effect until the death of the payer or recipient, or until the recipient remarries — although in some cases it may continue after the remarriage. This type of support may be adjusted in either direction as life circumstances change. For example, if the payer or recipient experiences a substantial change in income or a serious medical problem, that person may seek a modification through the court.

Factors that impact alimony in Kentucky

Kentucky courts consider several factors when determining which type of spousal support is appropriate. If spouses seeking alimony do not have sufficient property to provide for their own basic needs, cannot support themselves through employment, or have children whose circumstances make it impossible to seek outside employment, they may be awarded alimony.

The amount and duration of this support is determined after examining the financial resources of the spouse seeking support, the length of time necessary to obtain rehabilitation, the quality of living established during the marriage, the marriage’s duration, and the age and physical condition of the spouse seeking support. The court also looks at if either spouse is primarily caring for children and the ability of the requested payer to meet their own needs while providing alimony.

With all of the factors involved in establishing spousal support in Kentucky, it’s important to work with a reliable family lawyer, such as ours at White Peck Carrington, LLP, to ensure you get what you need out of this process.

Work with dedicated spousal support attorneys today

To inquire about a consultation with our legal team at White Peck Carrington, LLP, call us today at 859.498.2872 or contact us online. Work with a legacy law firm that has been operating in Montgomery County since 1862. Our office is located next to the courthouse in Mount Sterling, Kentucky.

Property Division

One of the toughest aspects of a divorce is dividing your martial property and debts, as it can be difficult to determine what you have accumulated during your marriage versus what you own separately. This requires the assistance of a skilled family law attorney, who can help you objectively examine your assets and make sound decisions regarding your future. Our property division attorneys at White Peck Carrington, LLP take a pragmatic approach to these issues, meeting with you in person and working with you one-on-one to provide the best representation possible.

Dividing property and debt in a divorce

In our state, property division resulting from a divorce is typically agreed upon through a signed marital settlement agreement. If there is no agreement, the circuit court determines and orders the division in a final divorce decree. Thus, it’s important to work with a skilled and reliable attorney, such as ours at White Peck Carrington, LLP, if your divorce case goes to court.

Kentucky is known as an equitable distribution state. If the parties going through a divorce cannot come to an agreement together, the circuit court decides which property and debt is marital and which is separate. The court then assigns appropriate monetary values to the marital property and distributes the assets between the parties in an equitable fashion.

It is important to note that equitable does not necessarily mean equal, but rather what the court decides is fair. In determining how the assets should be equitably divided, the court examines such factors as each spouse’s contribution to the marriage and property, the duration of the marriage, and each spouse’s current economic condition. It’s in your best interests to consult with an experienced divorce attorney if you have further questions about equitable distribution.

Types of property that can be divided

The most common types of assets divided during a divorce are money, property, business, various types of debt, deferred compensation and retirement accounts. Money may include such items as bank and investment accounts, stocks and bonds, mutual funds and cash. Property includes homes and any real property — or property that does not move. Any accounts held in a minor child’s name, in addition to joint accounts, are also considered. The property owned through your business is considered an asset and may be divided along with its additional financial assets, such as accounts receivable.

Debt may come from many different sources, including loans, credit cards and personal exchanges. The court usually divides these after determining which spouse accrued the majority of the debt.

Retirement accounts include 401(k)s and pensions, and these must be divided in accordance with state and federal laws. Employees sometimes accumulate deferred compensation during a long period of employment — for example, a bonus, a stock purchase option or a raise. These may also be considered marital assets.

Consult with our experienced Mount Sterling property division attorneys

If you need sound legal guidance throughout the property division process and other divorce matters, speak with one of our attorneys at White Peck Carrington, LLP. Set up a meeting or inquire about a consultation by calling 859.498.2872 or by contacting us online. Our office is located in Mount Sterling, next to the Montgomery County Courthouse.