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Is Stay At Home Father Entitled to Spousal Support?

Possibly.  In Kentucky, the law on spousal support, referred to as maintenance, is gender neutral. That is, based on the language of the statute either party has an equal right to receive a maintenance award.  Maintenance is codified in KRS 403.200 and is a two part process, first looking at whether a party has the financial means to meet his reasonable needs and living expenses.  If not, then the court will look at a variety of factors to determine if an award is warranted, how much and how long. If the Wife is the primary breadwinner, then the Husband has the same rights as if the roles were reversed.  If the Husband stays home with the children, is unable to work for any other reason, or simply earns less than the Wife, then he is possibly entitled to spousal support.  Support is based primarily on three factors: (1) financial resources and earning ability of the parties; (2) length of marriage; and (3) reasonable expenses of each party.  Other relevant factors include: (4) standard of living during the marriage; (5) the time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment; (6) The age, and the physical and emotional condition of the spouse seeking maintenance; and (7) The ability of the spouse from whom maintenance is sought to meet his needs while meeting those of the spouse seeking maintenance. If you have concerns about paying child support and maintenance to your spouse, contact a divorce attorney prior to doing anything.  Any move, financial or physical, may impact the amount and duration of spousal support as well as have an immediate impact on child support and custody.  Do not go into a divorce without the knowledge you need to provide for the best outcome. For a consultation in Northern Kentucky, call attorney Michael Bouldin at 859-581-6453 or email at [email protected].

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