James White v. Julie White

Burlington, Kentucky family law lawyers represented the parties in a marriage dissolution (divorce).<br>
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On April 11, 2024, the Boone Family Court entered a decree of dissolution dissolving the marriage of James White (Appellant) and Julie White (Appellee). The parties were married for 26 years and have two children who have reached the age of majority. During the marriage, Appellant worked as an aircraft mechanic and left that employment in 2005 after his employer relocated about 90 miles away. Thereafter, Appellant did not work outside the home other than a few odd jobs and was a stay-at-home father. At the time of dissolution, Appellee was employed by DHL and earned approximately $150,000.00 per year. The decree incorporated the parties' separation, custody, and property settlement agreement. The decree resolved all matters except spousal maintenance<br>
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Legal issue Is a spouse entitled to receive maintenance after a marriage dissolution when they are found to be voluntarily underemployed and have received sufficient marital assets to meet their reasonable needs?<br>
Headnote<br>
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FAMILY LAW. SPOUSAL MAINTENANCE. The case addresses an appeal against the family court's denial of spousal maintenance in a dissolution of marriage, examining whether the appellant met the statutory requirements under KRS 403.200 to justify an award of maintenance, including the lack of sufficient property to meet reasonable needs and inability to support oneself through appropriate employment.<br>
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FAMILY LAW. VOLUNTARY UNDEREMPLOYMENT. The court considered whether the appellant was voluntarily underemployed and whether this affected his entitlement to maintenance in the context of his current employment capabilities and the potential for securing more lucrative work.<br>
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FAMILY LAW. ABUSE OF DISCRETION. The court reviewed whether the family court's decision was arbitrary, unreasonable, or unsupported by legal principles, determining that the findings were supported by substantial evidence and therefore did not constitute an abuse of discretion.<br>
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Key Phrases Spousal maintenance. Dissolution of marriage proceeding. Voluntarily underemployed. Boone Family Court. Kentucky Revised Statutes 403.200. <br>
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Affirmed