Spousal Maintenance in Kentucky: Factors and Duration

Spousal maintenance, commonly known as alimony, refers to the financial support that one spouse may be legally required to provide to the other during or after a divorce. While spousal maintenance aims to enable the lower or non-wage-earning spouse to sustain a reasonable standard of living and attain financial stability while they shift towards independence after the marriage dissolves, many factors can affect both the amount and duration of this support.

How To Obtain Spousal Maintenance in Kentucky

In Kentucky, obtaining spousal maintenance requires establishing several key elements in court. Each of these elements plays a crucial role in determining whether maintenance will be awarded and, if so, at what amount and for how long. These elements include:

Demonstrated Need

The dependent spouse must clearly illustrate a financial need for spousal maintenance. This can involve presenting evidence of an inability to cover reasonable living expenses, including housing, utilities, food, healthcare, and other essential costs. Additionally, the dependent spouse should provide information about their efforts to seek employment or improve their financial situation, which may include any barriers they face, such as age, health issues, or lack of job skills. The goal is to show that they cannot maintain a standard of living comparable to that enjoyed during the marriage. 

Financial Ability to Pay

The supporting spouse must have the financial means to provide spousal maintenance. The court will take a detailed look at the supporting spouse’s financial situation, including their income, assets (such as real estate, investments, and savings), and potential earning capacity. This evaluation will also consider any financial obligations the supporting spouse may have, such as child support or personal debts, to ensure they can meet both their obligations and the dependent spouse’s needs.  

Consideration of Other Relevant Factors

The court will examine various factors outlined in KRS 403.200 to determine the amount and duration of spousal maintenance. These factors may include:

• The duration of the marriage
• The monetary and non-monetary contributions made by each partner 
• The financial resources of both parties 
• The standard of living established during the marriage
• The age and health of each spouse

The court may also consider any sacrifices made during the marriage, such as one spouse’s decision to forego a career to support the other’s career advancement. However, it is also important to understand that awards for spousal maintenance in Kentucky are not guaranteed. Each case is assessed individually, taking into account the specific circumstances of the spouses involved. This helps ensure a fair and just outcome based on the evidence presented.

How Long Does Spousal Support Last?

During and after a divorce, courts have the authority to issue various types of spousal maintenance orders designed to support one spouse as they transition to financial independence. Initially, the judge may grant a temporary maintenance order that remains in effect throughout the divorce proceedings. This order aims to provide immediate financial assistance to the requesting spouse during a period that can often be emotionally and financially challenging. 

Once the divorce is finalized, the court may issue additional orders for short-term or long-term spousal support, depending on the circumstances of both parties. However, it is important to understand that in Kentucky, spousal maintenance is generally not meant to be permanent. 

Contact Hoffman Walker & Knauf To Review Your Legal Options

Although determining spousal maintenance can be a complex task involving many factors, you do not have to face this challenging issue alone. For more information on spousal maintenance in Kentucky or to discuss other divorce-related issues, contact the family law attorneys at Hoffman Walker & Knauf today.