Common Misconceptions about Alimony in Kentucky
Divorce is an emotionally draining process, further complicated by different legal and financial concerns. Alimony, a frequently misunderstood aspect of divorce, is often clouded by misconceptions and strong opinions. That is why it is critical for individuals facing divorce to grasp the true meaning of alimony. In the guide below, we aim to clarify several common misconceptions about alimony in Kentucky and provide you with the necessary information.
Misconception 1: Maintenance/Alimony Is Always Awarded
In Kentucky, alimony, also referred to as spousal maintenance, is not automatically awarded in divorce cases; its approval depends on the specifics of each situation. The court reviews numerous factors when determining whether to grant alimony and the amount to be awarded. These factors include the length of the marriage, with longer marriages typically resulting in a greater likelihood of support being granted. Additionally, the income of both spouses is crucial in this assessment, as the court evaluates each party’s earning capacity and financial resources. Other considerations include the financial needs and obligations of each spouse, the standard of living established during the marriage, and any contributions made by one spouse to the education or career of the other.
Misconception 2: Maintenance/Alimony Is Permanent
Alimony is not typically meant to be a permanent arrangement. Instead, it is designed primarily as a temporary support mechanism to assist a financially dependent spouse get back on their feet after a separation or divorce.
In Kentucky, there are various types of alimony, including rehabilitative alimony, which aims to provide support while the recipient gains the necessary education or skills to become self-sufficient, and permanent or indefinite alimony, which may last for a longer duration under certain circumstances. However, even “permanent alimony” is not guaranteed for life. It may be terminated if the recipient becomes financially independent, cohabitates with a new partner, or remarries.
Misconception 3: A Spouse Will Be Granted More Maintenance/Alimony If Their Partner Cheated
In Kentucky, the approach to alimony has changed considerably. Courts no longer see alimony as a punishment for a spouse’s wrongdoing, like infidelity. Instead, they consider various factors to ensure a fair and just resolution for both divorce parties. However, judges may still consider whether a spouse has misused marital assets. For example, if an unfaithful spouse has spent a considerable sum on a lover or made extravagant, unnecessary purchases for themselves, such actions can lead to significant consequences. This behavior can affect not only the division of marital property but also the amount of spousal maintenance or alimony that may be granted.
Misconception 4: Men Do Not Get Maintenance/Alimony
In Kentucky, men have the same rights to alimony as women. The law recognizes that ending a marriage can impact both spouses financially, permitting either party to pursue alimony based on their specific situations.
Misconception 5: Determining Maintenance/Alimony Involves a Simple Formula
The process for determining spousal maintenance does not involve a standardized formula. Rather, each case is evaluated based on its individual circumstances, such as:
- The length of the marriage
- The financial resources and earning potential of each spouse
- The standard of living during the marriage
- Any contributions made by one spouse to the other’s education or career
- The needs of any dependent children
- The age and health of both spouses
- Any significant disruptions to employment due to marital responsibilities
To Review Your Legal Options, Contact Hoffman Walker & Knauf Today
For any additional questions regarding alimony or to discuss your specific circumstances in detail, contact Hoffman Walker & Knauf today. Our skilled Kentucky family law attorneys are ready to assess your case and advocate for your best interests.
