The following is a summary of Kentucky alimony laws, and is by no means intended to be an all-inclusive description of what to expect in your particular case. In some cases, the exact text of the statute may have been simplified and/or modified to provide for easier understanding. For a more specific understanding of the laws, you should consult the full Kentucky Code and/or consult with an attorney about how the law might apply to your particular situation.

Spousal Maintenance (Alimony) Guidelines.

In Kentucky, alimony is referred to as “maintenance”. The court may grant a maintenance order for either spouse only if it finds that the spouse seeking maintenance:

  1. Lacks sufficient property, including marital property apportioned to him, to provide for his reasonable needs; and
  2. 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.

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:

  1. 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;
  2. The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment;
  3. The standard of living established during the marriage;
  4. The duration of the marriage;
  5. The age, and the physical and emotional condition of the spouse seeking maintenance; and
  6. The ability of the spouse from whom maintenance is sought to meet his needs while meeting those of the spouse seeking maintenance.

However, the court does allow the parties to enter into a separation agreement. In a proceeding for dissolution of marriage or for legal separation, the terms of the separation agreement, except those providing for the custody, support, and visitation of children, are binding upon the court unless it finds, after considering the economic circumstances of the parties and any other relevant evidence produced by the parties, on their own motion or on request of the court, that the separation agreement is unconscionable.

-From Sections 403.200 and 403.180 of the Kentucky Statutes.

Termination of Spousal Maintenance.

Unless otherwise agreed in writing or expressly provided in the decree, the obligation to pay future maintenance is terminated upon the death of either party or the remarriage of the party receiving maintenance.

-From Section 403.250 of the Kentucky Statutes.

 

This information has been summarized from the Kentucky statutes. You can find the full-text version of these and other Kentucky divorce statutes online here: Kentucky Divorce Laws.

LEARN MORE ABOUT GENERAL ALIMONY LAWS.

GO TO ANOTHER DIVORCE ARTICLE.

 

IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don’t rely on this information for legal advice. Seek help from an attorney if you need legal advice.

 

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