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Kentucky Alimony

According to Kentucky law, either spouse may be awarded alimony, also called maintenance, if he or she lacks the property to provide for his or her own needs, and is unable to find appropriate employment, or is unable to work because of obligations to care for children or others in his or her custody.

In Kentucky alimony influences the distribution of property, and it can become intricately involved in a divorce settlement. When spouses are unable to reach an agreement on this issue, the Circuit Court can order support on a case-by-case basis.

The court may order temporary support while the divorce is pending and it is generally granted for a specific amount of time. The duration of support depends on the parties’ needs, duration of the marriage, and whether dependent children require one spouse to stay at home.

Alimony can be modified depending on changed circumstances. Changed circumstances may include remarriage by the receiving spouse or cohabitation.

Types of Alimony

In Kentucky courts may order temporary, short- and long-term alimony. Temporary alimony is granted at the discretion of the court during the divorce proceedings and before the final decree. Short-term alimony may be granted to allow the receiving party time to gain necessary skills or employment. Long-Term, or permanent, alimony may be granted to a spouse who has significant needs, and is usually reserved for lengthy marriages.

Factors Considered by the Court

In Kentucky alimony is discretionary. According to Kentucky Statutes - Title 35 - Chapters: 403.200, the court orders maintenance on a temporary or permanent basis as it deems just after considering all relevant factors including:

  • the financial resources of the party who is seeking support;
  • the time that is need to complete an education to gain employment;
  • the standard of living while married;
  • the length of the marriage;
  • the age and health condition of the parties; and
  • the ability of the spouse from whom maintenance is sought to meet his needs while meeting those of the spouse seeking maintenance.

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