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Can you receive Kentucky spousal maintenance?

On Behalf of | Mar 9, 2021 | High-asset Divorce

If your spouse earns a much higher income and you divorce, you may wonder how to survive as a single household. In Kentucky, you can ask the court to make an alimony determination. 

Review the factors the state uses to decide about alimony, sometimes called maintenance. 

Types of alimony

Kentucky recognizes three types of spousal support. Temporary support provides alimony payments during the separation period and ends when the court finalizes the divorce. After the divorce, the judge may order either short-term or permanent support. 

Most Kentucky residents who qualify for alimony receive short-term maintenance, sometimes called rehabilitative alimony. These payments provide funding while you seek job training or education to become financially self-sufficient. For example, you may need to update your skills after leaving the workforce to raise children. 

Some people qualify for permanent spousal support, which is rare in Kentucky. With this arrangement, your former spouse provides indefinite payments if you cannot work because of disability, illness or age. 

Factors in alimony decisions

If you ask for alimony in your divorce petition, you must demonstrate your need for financial help. The judge will review: 

  • Both individuals’ income, assets and debts, along with the ability to earn money in the future 
  • The age and health status of each of you 
  • The standard of living during the marriage 
  • How long you remained married to one another 
  • How long it will take you to become financially independent 

The judge may also consider fault in the divorce when it involves wasted marital resources, such as money spent on an adulterous relationship, or domestic violence history.