Alimony in Kentucky

January 28, 2015  |  Alimony, family law, Maintenance, Spousal Support

In Kentucky, what most people know as “alimony” is also known in the legal context as “maintenance” and “spousal support.”  A court may award maintenance while a divorce is pending, after a divorce is final, or not at all.  To be entitled to maintenance, the spouse seeking maintenance must show:

  • That he/she lacks sufficient property to provide for his/her reasonable needs; and
  • That he/she is unable to support himself/herself through appropriate employment (taking into considering whether that spouse is the custodian of a child that may prevent the spouse from obtaining appropriate employment).

The court will consider the following factors in determining whether to award spousal support, and if support is granted, determine the amount and duration of the award:

  • The financial resources of the party seeking support;
  • The time necessary to obtain education or training that would enable that spouse to find appropriate employment;
  • The standard of living established during the marriage;
  • How long the marriage lasted;
  • The age and physical and emotional condition of the spouse seeking maintenance; and
  • The ability of the paying spouse to provide for his/her own needs while also potentially financially providing for the needs of the spouse seeking support.

 An award of maintenance is not incredibly common in Kentucky, but it certainly does happen.  It would be wise to consult with a lawyer about the likelihood of receiving spousal support before you forego requesting it. For more information, contact our knowledgeable attorneys.  We put our experience to work for you.

Authored by: Megan E. Mersch