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Do Homosexuals Have Gay Alimony in KY?

At the present time Kentucky law does not have any distinction between gay and straight divorce or dissolution.  The law has not changed, and is not likely to be amended divorce after a gay marriage. The marital laws in Kentucky are essentially gender neutral.  Alimony, spousal support, or maintenance (Kentucky term) can be awarded to either party in a dissolution.  Under the law, a wife is equally responsible for the support of her husband as a husband for a wife.  The party with greater income or earning potential may be responsible for paying maintenance to a party that cannot financially support themselves.

The elements for an award of spousal support is contained in KRS 403.200.  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.

If you are seeking legal counsel for a divorce and have questions about gay divorce or spousal support (straight or gay), contact the Bouldin Law Firm for more information.  Fr consultation, call Michael Bouldin at 859-581-6453 or email at mike@bouldinlawfirm.com.

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