Alimony in Kentucky: When Is Spousal Support Awarded?
Alimony, sometimes called spousal support or maintenance, is a legal obligation for one spouse to provide financial support to the other after a divorce or separation. However, if you are planning to ask for alimony during the divorce process, it is important to familiarize yourself with the alimony concept and understand whether you may qualify to receive it.
The Purpose of Alimony
In Kentucky, the purpose of alimony is to mitigate any potential financial disparities that may arise after the dissolution of a marriage. Alimony may be granted in various scenarios, including divorce, legal separation, and in exceptional cases where the paying spouse was not present in Kentucky at the time of the divorce finalization.
When Is Spousal Support Needed in Kentucky?
In Kentucky, courts determine if alimony is needed by evaluating certain factors, including the following:
- Does the spouse seeking alimony lack sufficient property to meet their reasonable needs and cannot support themselves through appropriate employment
- Does the other spouse have the ability to pay alimony while still meeting their own needs
- The length of the marriage (longer marriages tend to result in alimony awards)
- The lifestyle maintained during the marriage
- The age and health of the spouses
- The contributions of each individual to the marriage, including contributions to earning potential and education
- The time needed for training or education to become self-sufficient
Evidence Used to Determine Alimony
When you work with an experienced family law attorney, these legal professionals can review your financial records, as well as your spouse’s, if they are requesting alimony. If the spouse is found to be frequently dining out at expensive restaurants, spending money on luxury items, or has entered into a new relationship, these details can be uncovered and presented as evidence to demonstrate why alimony may not be necessary.
In addition, the family law lawyer can argue that alimony is not warranted if it can be proven that the requesting spouse is unwilling to pursue employment or earn an adequate income. Furthermore, the attorney can present evidence to the court that the spouse possesses a specific skill set or a degree and can support themselves without financial assistance.
Can You Change the Alimony Amount?
When negotiating an alimony agreement, you have the option to make the spousal support “non-modifiable,” meaning that the amount cannot be altered under any circumstances. This can benefit the spouse paying if their employment is stable or they have substantial assets. For the spouse receiving this alimony, this provision may make negotiating a higher support amount easier and ensure that support will continue even if the paying spouse’s employment changes.
On the other hand, if you are looking for some flexibility in the future, you may specify that the alimony can only be changed if:
- The parties agree
- If either party’s income changes by a certain percentage
- The court orders the changes
- A party becomes disabled
Working with an Experienced Family Law Attorney
If a court has mandated alimony payments for you or if you are entitled to receive them, various concerns may arise regarding the specific amount and schedule of payments. Given that alimony laws vary by state verifying the specific regulations in your local area is critical. That is why seeking guidance from an experienced Kentucky family law attorney who can provide comprehensive advice and support tailored to your individual circumstances is crucial to determining a reasonable and equitable alimony support structure.
Contact Hoffman Walker & Knauf Today To Learn More
To learn more about spousal support in Kentucky or to discuss other family law issues, contact Hoffman Walker & Knauf today and speak with our skilled and dedicated legal team.
