Spousal maintenance, commonly known as alimony or spousal support, is one of the most misunderstood aspects of divorce. Many people assume it is automatic, or that it lasts forever. In Kentucky, however, spousal maintenance is far from automatic.
What Is Spousal Maintenance?
Spousal maintenance is financial support paid by one spouse to the other after a separation or divorce. It is designed to help a lower-earning or non-earning spouse become financially self-sufficient and meet his or her reasonable needs.
Kentucky law does not automatically grant spousal maintenance. Under KRS 403.200, the court can only award maintenance if it finds that the spouse seeking it:
- 1. Lacks sufficient property (including marital assets awarded in the divorce) to provide for their reasonable needs; and
- 2. Is unable to support themselves through appropriate employment, or is the custodian of a child whose condition makes employment inappropriate.
If the court decides maintenance is appropriate, it then decides how much and for how long based on several factors also outlined in KRS 403.200, including:
– The duration of the marriage
– The standard of living established during the marriage
– The age, physical, and emotional condition of the spouse seeking support
– Each spouse’s financial resources and earning capacity
– The time and education needed to become self-sufficient
There is no formula for calculating maintenance in Kentucky; it is up to the judge’s discretion.
There are different types of maintenance. In Kentucky, maintenance can be:
Temporary – Ordered during the divorce process, to provide support until final orders are entered.
Short-term/Rehabilitative – Ordered once the divorce is final for a set term of years.
Long-term/Permanent – Ordered once the divorce is final with a set term of years but modifiable by a later Agreement or Order if there is a significant and continuing change of circumstances.
Whether you are seeking maintenance or facing a potential obligation to pay, understanding KRS 403.200 is critical. Spousal support in Kentucky is fact-specific, and outcomes can vary widely from case to case and judge to judge.
If you believe your case will include claims for maintenance, you should consider hiring an attorney to navigate complex maintenance issues and protect your financial future.