Divorce often brings financial challenges for both parties. In Kentucky, spousal maintenance provides financial stability to a spouse after separation. Courts do not automatically grant maintenance, previously known as alimony. Instead, the court determines eligibility based on specific criteria.
How does Kentucky determine spousal maintenance?
Kentucky law does not guarantee spousal support. The judge must evaluate whether the requesting spouse possesses sufficient property to meet their needs. Additionally, the court considers whether the spouse can secure employment to support themselves. If not, maintenance may be appropriate.
Several factors influence the court’s decision regarding the amount and duration of support, including:
- How long the marriage lasted.
- The standard of living during the marriage.
- The spouse’s age and health.
- The time needed to gain skills or training for a job.
- The paying spouse’s ability to meet their own financial needs.
Kentucky lacks rigid guidelines for spousal maintenance. Judges exercise broad discretion, leading to varied outcomes in similar cases.
How long can maintenance last?
Maintenance in Kentucky is typically temporary rather than permanent. Its purpose is to enable the recipient spouse to achieve financial independence. Temporary maintenance may cover the divorce proceedings, while long-term maintenance may extend beyond the final judgment.
However, maintenance awards often have a defined duration. Courts may modify maintenance if significant changes occur, such as job loss or increased earning capacity.
Does adultery affect maintenance?
Kentucky follows “no-fault” divorce laws. This means a spouse does not have to prove wrongdoing to get a divorce. But adultery can still influence maintenance decisions. Judges may consider it when deciding the amount. However, they cannot deny support just because one spouse cheated.
Seeking spousal maintenance can be challenging. An experienced divorce attorney can help you understand your rights and present your case to the court. They will guide you through the process and advocate for your financial security.
