Once you and your spouse have decided that divorce is the only option, it may feel like a huge relief. Although you are getting a divorce, you may continue to be a part of each other’s lives forever. In some cases, your spouse may need continued financial support. This is known as maintenance in the State of Kentucky. As frustrating as this may be, it may be what’s necessary to be able to finalize the divorce. Maintenance or alimony payments can leave the spouse that is required to make the payments feeling great resentment. As frustrating as this may be, it may the only source of income that they have in regaining independence.
Factors the Court Takes Into Consideration
If it is found that one spouse can’t financially support themselves, the court may take many things in consideration. The amount and length of time one receives maintenance may be determined by…
- All financial resources of the spouse seeking maintenance
- Time necessary for the spouse receiving maintenance to obtain skills and education to support themselves.
- Lifestyle established during the marriage
- Mental, emotional, and physical well-being of the spouse seeing alimony
- Capability of the spouse seeking support to meet their own needs
Modifying the Maintenance Agreement
It is important to understand for the spouse requesting maintenance, it isn’t an open-ended payment. Once an agreement is made between the two parties out of court, it can be made modifiable or non-modifiable. It is always modifiable if it is court ordered.
- The payors financial situation may have changed
- The law also states if the receiving party remarries the maintenance will likely be modified
- If the receiving party is sharing a home and financial responsibilities with someone else.
Not all maintenance payment agreements are the same in Kentucky and legal representation could prove to be very beneficial.
How Does a Kentucky Court Determine the Amount of Maintenance?
There is no single amount of maintenance that automatically applies to every Kentucky divorce. Once the court determines that a spouse qualifies for maintenance, it considers the circumstances of the marriage and each spouse’s financial situation when deciding the amount and duration. Factors can include the financial resources of the spouse requesting maintenance, the standard of living established during the marriage, the length of the marriage, the age and physical and emotional condition of the spouse requesting support, and the paying spouse’s ability to meet their own financial needs while providing support.
Does Being Employed Prevent You From Receiving Maintenance?
Having a job does not necessarily answer the question of whether maintenance may be appropriate. Kentucky law looks at whether the spouse requesting maintenance has sufficient property to meet their reasonable needs and whether they can support themselves through appropriate employment. A significant difference in income between spouses may be relevant, but income disparity alone does not automatically establish a right to maintenance. The court evaluates the overall financial circumstances and the statutory requirements before deciding whether an award is appropriate.
How Long Can Maintenance Last in Kentucky?
The duration of maintenance depends on the circumstances of the individual case. A court may consider how long the couple was married, the financial resources of each spouse, and how much time the spouse receiving maintenance may need to obtain education or training that could allow them to become more financially independent. Because Kentucky law gives courts discretion to determine an amount and duration that are just after considering the relevant factors, maintenance can vary considerably from one divorce to another.
Understanding Your Rights Regarding Maintenance in Kentucky
Maintenance can be one of the most financially significant issues involved in a Kentucky divorce. Whether you are requesting support or may be required to pay it, it is important to understand that the outcome depends on much more than simply comparing the two spouses’ incomes. Property division, employment, financial needs, the length of the marriage, the marital standard of living and other circumstances can all play a role.
If maintenance is likely to become an issue in your divorce, obtaining legal guidance early can help you understand how Kentucky law applies to your particular circumstances. Helmer Somers Law helps clients throughout Northern Kentucky navigate divorce, maintenance, property division and other family law matters. Contact our office to discuss your situation and the options available to you.
FAQs
1. How do I know if I qualify for alimony or maintenance in Kentucky?
A Kentucky court may award maintenance when a spouse lacks sufficient property to meet their reasonable needs and cannot adequately support themselves through appropriate employment, or when circumstances involving the care of a child make outside employment inappropriate.
2. What factors determine how much maintenance I could receive?
Kentucky courts consider several factors, including the requesting spouse’s financial resources, the time needed for education or job training, the standard of living during the marriage, the length of the marriage, the requesting spouse’s age and physical and emotional condition, and the other spouse’s ability to pay while meeting their own needs.
3. Does being married for a long time guarantee that I will receive maintenance?
No. The length of the marriage is one factor the court considers, but it does not automatically qualify someone for maintenance. The court also evaluates the spouses’ financial circumstances, ability to support themselves, property received in the divorce, and other relevant factors.
4. How long can maintenance payments last in Kentucky?
There is no single duration that applies to every Kentucky divorce. The court determines the amount and duration it considers appropriate after evaluating the circumstances of the spouses and the statutory factors.
5. Can maintenance payments be changed or terminated after the divorce?
In some circumstances, maintenance can be modified when there has been a substantial and continuing change in circumstances that makes the existing terms unconscionable. Unless the parties agreed otherwise in writing or the decree provides otherwise, future maintenance generally ends when either party dies or when the person receiving maintenance remarries.
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About Helmer Somers Law
We are committed to helping families resolve their differences and get back to their lives. We help individuals and families fight for custody of children. We protect your rights as you go through divorce proceedings. We offer the guidance and support that you will need when you are involved with the legal system. We help clients with cases involving…
- Divorce and legal separation
- Child custody and visitation
- Child support and spousal support (alimony)
- Property division
- Paternity
- Domestic violence
- Adoption
- Grandparent rights
- And other related issues
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