How Many Years Do You Have To Be Married To Get Alimony in Kentucky?

alimony

Alimony, also known as spousal maintenance, refers to the financial compensation that one spouse is ordered by the court to pay the other spouse upon the termination of their marriage. It is typically ordered in cases of longer-duration marriages but it can also apply to shorter-term marriages. 

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Types of Spousal Maintenance in Kentucky

In Kentucky, there are two types of alimony: temporary maintenance and post-divorce maintenance.

Temporary Maintenance

In a divorce proceeding, each spouse can request temporary maintenance by submitting a formal written request with an affidavit that provides the reasons for the request. Temporary maintenance aims to help spouses maintain their financial situation during the divorce process. However, parties need to understand that temporary alimony may not be the same as the final divorce maintenance award. In truth, just because a spouse obtains temporary alimony does not mean they will get post-divorce maintenance. 

Maintenance Awarded After the Final Divorce

Maintenance that is awarded after the final divorce, or post-divorce maintenance is maintenance that is paid after the marriage ends. This maintenance will fall into two types: permanent maintenance and rehabilitative maintenance. 

How Does a Court Determine Alimony?

In Kentucky, the court usually has a multi-step process to determine alimony after a divorce. 

Determining Eligibility

To determine whether a spouse can obtain post-divorce maintenance, the court will need to determine whether they:

  • Do not have enough property to meet their reasonable needs, including marital assets and
  • They cannot support themselves through employment or have custody of a child whose circumstances make it appropriate that the custodial parent cannot work outside the house.

If the parent does not meet these requirements, the judge may deny an alimony request. 

Deciding the Specifics of Alimony

After a spouse meets the first requirements, the court will decide how much maintenance to award and how long the payments should last. Although Kentucky law does not have a specific formula for determining how much alimony a spouse will receive, a judge will usually consider the following factors when making their determinations:

  • The age, as well as the emotional and physical condition of each spouse
  • The spouse’s ability to meet their needs while also paying alimony
  • The amount of time it will take the spouse requesting alimony to obtain the training and education needed to find employment
  • The standard of living the pair had when they were married

In addition, the judge may consider the length of the marriage. Typically, longer marriages can result in more complicated arrangements when trying to divide property, retirement accounts, and businesses. Moreover, permanent alimony is more likely to be awarded to couples that have been married for many years, especially if the spouse asking for alimony cannot work. To learn more about these factors and whether they can impact your ability to secure the alimony you need, consider reviewing your situation with an experienced Kentucky family law attorney. 

Contact Hoffman Walker & Knauf Today To Learn About Your Legal Options When It Comes To Alimony In Kentucky

At Hoffman, Walker, & Knauf, our highly skilled and dedicated family law attorneys are well-equipped to handle any family law case in Northern Kentucky. Once we have ensured that our clients are fully informed of potential outcomes, our legal team will respect the client’s wishes in managing the case. We will collaborate with our client to decide whether to accept an agreement or go to court. Nevertheless, the final decision always rests with the client.

If you are looking for further information about alimony in Kentucky or want to review your legal options, contact Hoffman, Walker, & Knauf today to speak with our team.