Maintenance or Spousal Support in a Kentucky Divorce
In a divorce where there is a great deal of mismatch between the incomes of the spouses involved, the court may order Maintenance or Spousal Support. Also known as alimony, a spousal support or maintenance is money given from one spouse to another to help even things out in terms of finances. It is often ordered to help the spouse with less money get back to the standard of living that they enjoyed during the marriage. Spousal Support is not necessary in every divorce, and each case is different. The amount of support and length of time will vary based on the circumstances of the parties and their marriage.
What Does the Law Says?
Spousal support is not reserved solely for women. Under Kentucky Revised Statutes Section 403.200, the court has the power to grant alimony for either spouse. The court may grant spousal support if both of these requirements have been met:
- The spouse lacks sufficient property to provide for their reasonable needs.
- The spouse is unable to support themselves through employment or is unable to seek employment outside the home because they have to care for a child.
The amount of spousal support and the period of time is determined by these factors:
- The financial resources of the party seeking alimony
- The time necessary for the party to acquire sufficient education or training to find appropriate employment
- The duration of the marriage
- The standard of living the party enjoyed during the marriage
- The age of the party
- The physical and emotional health of the party
- The financial ability of the other spouse to meet the needs of the party seeking alimony
Types of Maintenance or Spousal Support
There are three types of spousal support in Kentucky:
- Temporary. This alimony is only available until the divorce is finalized.
- Short-term. Also known as rehabilitative alimony, this type of spousal support is only available until the party gains the skills they need to find proper employment.
- Permanent. This is not common but may be available in long-term marriages where one party is disabled or old and cannot work.
What is the Purpose of Maintenance/Spousal Support?
The goal of spousal support is to try to keep things financially equal for both parties after a divorce. If one spouse is a millionaire, for example, the other spouse should not be destitute once the marriage ends. To even the playing field, the judge may order the spouse with more money to pay the other spouse a monthly award for a specific period of time — usually until the recipient spouse can acquire the education or job skills they need to be self-supporting.
Contact Us Today
While alimony is not available in all divorces, it may be an option for you if you were a stay-at-home parent, earned a lot less money than your spouse, or were out of work for an extended period of time due to an illness or other issue.
Velez Law, PLLC, can help you understand your legal rights in a divorce. Get the money and assets you are entitled to receive. Fill out the online form or click below link to schedule a consultation.