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Who Gets Alimony in Kentucky?

Kentucky divorce law allows for alimony to either spouse if they are unable to meet their reasonable financial needs.  Alimony in Kentucky is technically called maintenance.  Maintenance is also referred to as alimony or spousal support.  KRS 403.220 is the Kentucky statute which defines maintenance and the two (2) part test:

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.

Maintenance is generally considered where one party makes significantly more than the other party and is otherwise unable to meet his/her reasonable needs.  The language leaves a significant amount of room for disagreement: How do you define "reasonable needs?"  What does it mean to be "unable to support yourself through appropriate employment?"  These questions differ from judge to judge and county to county. For questions or consultation regarding divorce and maintenance in Northern Kentucky, contact Bouldin Law Firm at [email protected] or call 859-581-6453 to schedule an appointment. .  

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