Does Adultery Affect Alimony in a Kentucky Divorce?
Many people try to avoid divorce if possible because it can be so messy. Not only is there asset division to contend with, but also alimony. Let’s face it — nobody wants to pay spousal support. This is true whether you are already paying child support or you do not have kids and just want a clean break from your former spouse.
Therefore, you may be looking for ways to avoid paying alimony in a Kentucky divorce. What if you find out your spouse has been cheating on you? Can adultery affect alimony if you are divorcing in Kentucky? Unfortunately, if this is the route you were hoping to take, you are out of luck.
Only 14 states are fault-based divorce states, and Kentucky is not one of them. This means that Kentucky is a no-fault state, so you do not have to blame anyone for a divorce. Kentucky does not recognize fault-based grounds for divorce, so even if adultery ended your marriage, it is not a consideration in the awarding of alimony. Therefore, blaming someone for a divorce does not affect the divorce process. So even though you may be upset that your spouse engaged in infidelity, there is nothing you can do about it.
Under Kentucky Statute § 403.200, the court will consider the spouse’s financial resources and ability to care for themselves when awarding alimony. Standard of living and custody of the children are also considered. Marital fault is not. You can tell the court that your spouse cheated on you. You can even provide proof. But at the end of the day, your spouse is still eligible to receive alimony. Their award will not be reduced or denied.
There is one exception, though. If your spouse did, in fact, cheat on you and used money or other marital assets to support their affair or give gifts to their lover, then this could affect the amount of alimony awarded. That is because spending marital assets affects property division. However, it is still highly unlikely that alimony will be denied.
What is the Purpose of Alimony?
In short, alimony has two primary purposes. The main goal is to make sure one spouse does not walk away with all the marital assets. Second, alimony is in place to prevent inequalities in terms of each spouse’s standard of living after the divorce is finalized. There are situations in which one spouse stays at home to care for the family, so alimony can help bridge this gap.
In the end, the decision to award alimony is up to the judge and court ruling the case.
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Alimony is necessary in many divorce cases, and trying to find excuses not to pay it rarely works. The decision is largely based on finances, not morality.
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