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Understanding spousal maintenance in Kentucky

On Behalf of | Dec 22, 2023 | High Asset Divorce |

In Kentucky, spousal maintenance, commonly known as alimony, is a financial support system designed to provide for a spouse who cannot maintain their living standard post-divorce.

The state’s legal framework offers various types of spousal maintenance to ensure fairness and adequacy in the distribution of financial support.

Temporary maintenance

Temporary maintenance is awarded during the divorce proceedings. This form of maintenance provides financial support to a lesser-earning or non-earning spouse while the divorce continues. The primary aim is to help the dependent spouse cover living expenses and legal fees during this period.

Permanent maintenance

Permanent maintenance is less common and is typically granted in long-term marriages with a significant disparity in earning capacities. This type of support continues indefinitely, often until the recipient spouse remarries or either spouse passes away. Courts consider factors like the length of the marriage, the standard of living during the marriage and the age and health of both parties.

Rehabilitative maintenance

Rehabilitative maintenance is a more frequently awarded form of support in Kentucky. This type is designed to be temporary and aims to support a spouse in becoming self-sufficient, often through education or vocational training. The duration of rehabilitative maintenance is typically related to the time necessary for the recipient to gain employment or complete educational programs.

Factors influencing spousal maintenance

Kentucky courts consider numerous factors when determining spousal maintenance, including the financial resources of both parties, the duration of the marriage and contributions made by each spouse during the marriage. Additionally, the court evaluates the potential earning capacity of the spouse seeking maintenance, considering factors like age, education and job skills.

Understanding the types of spousal maintenance available is necessary for both spouses involved in a divorce. It ensures an informed approach to negotiations and legal proceedings, promoting fair and adequate financial support arrangements.