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What is Maintenance?

SIMPLY, maintenance is the Kentucky term for alimony; also known as spousal support. KRS 403.200 defines Maintenance and sets forth the grounds upon which it may be granted as well as the relevant factors the court should review when determining amount and length of support. 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 have a divorce or dissolution and maintenance is at issue, discuss at length with your attorney. If you need an divorce attorney in Northern Kentucky, call Michael Bouldin at 859-581-6453 or email at [email protected].  Call 581-MIKE for an appointment today.

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