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What is Maintenance in KY?

Maintenance is a fancy word for alimony or spousal support.  Some practitioners, me included, use the words interchangably since they mean the same thing.  Kentucky began utilizing the term maintenance instead of alimony in 1972. KRS 403.200 Maintenance -- Court may grant order for either spouse. (1) In a proceeding for dissolution of marriage or legal separation, or a proceeding for maintenance following dissolution of a marriage by a court which lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order for either spouse only if it finds that the spouse seeking maintenance: (a) Lacks sufficient property, including marital property apportioned to him, to provide for his reasonable needs; and (b) Is unable to support himself through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home. (2) The maintenance order shall be in such amounts and for such periods of time as the court deems just, and after considering all relevant factors including: (a) The financial resources of the party seeking maintenance, including marital property apportioned to him, and his ability to meet his needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian; (b) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment; (c) The standard of living established during the marriage; (d) The duration of the marriage; (e) The age, and the physical and emotional condition of the spouse seeking maintenance; and (f) The ability of the spouse from whom maintenance is sought to meet his needs while meeting those of the spouse seeking maintenance. It is important for the practitioner and for the client to know and understand the tax ramifications of a maintenance award.  Maintenance is tax deductible to the paying spouse and is taxable to the spouse receiving the payments.  If you have questions, ask your attorney or tax consultant. For information or consultation on divorce and maintenance issues in Northern Kentucky, contact the Bouldin Law Firm and schedule an appointment with Michael W. Bouldin, a divorce practitioner for over 20 years.  Call at 859-581-6453 or email at mwbouldin2@gmail.com.

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