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Spousal Support in Kentucky

The legal name for spousal support in Kentucky is maintenance.  Many attorneys will refer to maintenance as alimony or spousal support.  The idea behind the rename is that it is intended to "maintain" the spouse until they can become self sufficient.  That said, there may also be permanent maintenance, which belies the term itself. Maintenance is a two part test which is codified in the dissolution section of the statutes under 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.

If you are in a divorce situation which maintenance is or may become an issue, an attorney who is familiar with the local court and the judge who will be deciding your case is essential.  In Northern Kentucky counties of Boone, Campbell and Kenton, we have four (4) total judges that hear family court cases.   For a consultation regarding divorce and maintenance in N.Ky. call Michael Bouldin at 859-581-6453 or email [email protected].

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