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Are Maintenance and Alimony Similar?

Kentucky did away with the term alimony and now calls spousal support maintenance.  If one party in a divorce is financially unable to meet their reasonable needs and the other party has sufficient means, the court may award maintenance to one party.  If maintenance is awarded, the receiving spouse must claim that as income on their taxes and the paying party may deduct the payments from his taxes.  Maintenance may be paid from or to either party and is seldom considered that may be paid from wife to husband. Maintenance has previously been discussed and is codified in KRS 403.200 as follows:

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 believe maintenance, spousal support, alimony to be an issue in your case, speak with your attorney.  While the law for the state of Kentucky is the same, each county has different judges and individual judge can interpret this law as they deem fit.  The Court of Appeals gives great latitude to the trial judges when making determinations.  It is important to know the family court judge who will be deciding your case. If you have a divorce/dissolution in Kentucky counties of Boone, Kenton or Campbell, call Michael Bouldin at 859-581-6453 or email at [email protected] for a consultation.  

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