Legal Question in Family Law in Kentucky

maintance

Is a person able to get maintance after only five months of marriage..are they entitled to anything the other partner had coming into the marriage..


Asked on 11/18/08, 8:50 pm

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

Re: maintance

The duration of a marriage goes to how much maintenance might be awarded and for how long. It is not the standard for whether maintenance can be obtained. That standard is a needs standard. However, a 5 month marriage is very unlikely to result in an award for maintenance.

What a person brings into a marriage remains non-marital property so long as that property can be traced. If you have $10,000 coming in and you can show it went to a downpayment on a house, then it is non-marital property. If you have $10,000 coming in and you spent it on food, entertainment, etcetera, then it is has become marital property.

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Answered on 11/19/08, 10:34 am


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