Is Kentucky an Alimony State:- Under Kentucky law, alimony is referred to as "maintenance" and is meant to support a spouse who may require it financially both throughout the divorce process and potentially for some time following the final divorce. Even though you hope to come to an agreement on the matter, you should be aware of how alimony is determined by courts if you or your spouse is (or will be) asking for it as part of the divorce (also known as "dissolution of marriage") process in Kentucky.
Law that provide for Alimony in Kentucky:-
Sure. If they fulfil the legal requirements, both former spouses and former husbands are eligible to receive support under Kentucky law. 403.200 KRS. Courts in Kentucky have granted maintenance awards to ex-husbands who suffer from severe illnesses or had minimal education or abilities.
Kentucky’s Alimony Types
In Kentucky, there are essentially two kinds of alimony:
- maintenance granted following a final divorce. Kentucky Revised Statutes 403.160(1)
- temporary maintenance. Kentucky Revised Statutes 403.200 (2023).
Any party may ask for temporary maintenance during the divorce process by submitting a formal written motion and an affidavit outlining the basis for the request. (2023) Kentucky Revised Statute Section 403.160(1) The goal of this kind of alimony is to keep the couple’s finances stable while the divorce is pending. However, because it costs more to maintain two residences than a shared one, that is frequently not feasible. The majority of couples lack the resources to shoulder that cost.
Rehabilitative maintenance is the most common kind of maintenance that is available to spouses who were married for brief periods of time. Typically, it lasts for five years, but other courts use the norm that alimony should last for half the length of the marriage.
If one spouse requires time to acquire self-sustaining employment (including time for training or completing school requirements), that spouse may request rehabilitative maintenance.
How does one go about filing for alimony?
In Kentucky, a spouse may request support before, during, or after a divorce or legal separation case. If the spouse is not present, the court may also grant maintenance. A maintenance order, also referred to as alimony, is determined by a number of considerations, the primary one being the ability of both spouses to sustain the quality of life they established during their marriage without the assistance of the other.
The court may decide to provide support if it is determined that one spouse needs it sufficiently.
Any property acquired before or after marriage (such as an inheritance) may be deemed irrelevant by the court, but only in the event that it was not utilised to advance the marriage.
Both parties’ earning capacities take into account their ages, degrees of education, training, employment position, earning potential, and physical and mental well-being. When determining the amount of maintenance payments to be paid, they also take into account any children.
Both partners’ financial obligations to themselves and any dependents will be taken into account. The court will take it into consideration if the dependent spouse has dependents who are old enough to have mental ability and need the spouse to give up their job.
Any other facts deemed relevant to the case may be considered by the court. Any previous maintenance-related contracts or agreements between the parties will also be taken into account. The judge and the court handling the case will ultimately decide whether or not to provide maintenance support.
Choosing Which Kentucky Spouses Are Eligible for Alimony:
In Kentucky, judges must first determine if couples requesting post-divorce maintenance are
lack the resources to support themselves through appropriate employment or have custody of a child whose condition or circumstances (such as significant special needs) make it appropriate that the custodial parent not be required to work outside the home; additionally, they lack enough property to meet their reasonable needs, including marital assets they will receive as part of the property division in the divorce.
If a party doesn’t satisfy both of these conditions, the judge will reject their plea for alimony. Kentucky Revised Statute Section 403.200(1) (2023).
Who Covers Alimony Costs? (Is Kentucky an Alimony State?)
It is not gender-specific; either spouse may seek alimony. Additionally, the judge will consider a spouse’s request for maintenance only once they have satisfied Kentucky’s minimum standards. These requirements effectively centre on whether one spouse needs support and whether the other spouse can afford it.