Whether you assumed the job of homemaker during your marriage or you earned far less than your spouse, you may count on alimony to help you support yourself in the years following the dissolution of your marriage. However, there is no guarantee that the courts will grant maintenance, as Kentucky law calls it.
Per Kentucky state code 403.200 – Maintenance, the family courts will consider several factors before deciding whether alimony is appropriate. If it does determine spousal support is necessary, it will consider several others to come up with a fair amount.
Who may obtain maintenance in Kentucky
When assessing the need for alimony, the Kentucky courts will look to see if you meet one of two basic criteria. The first is that you lack adequate property or assets — including marital property — to support yourself and provide for your “reasonable needs.” The second is that you lack the capacity to support yourself through appropriate employment and/or you have custody of your child and, whether due to circumstances or a health condition of your child’s, you are unable to seek employment outside of the home.
Factors that may affect alimony amount and duration
If the judge determines that maintenance is necessary in your situation, he or she will consider all relevant factors to determine the monthly maintenance amount and duration. Such factors are as follows:
- The length of your marriage
- The standard of living you enjoyed during your marriage
- Your age and physical and emotional health
- The time you may require to obtain adequate education or training to reenter the workforce
- The financial resources of your spouse
- Your spouse’s ability to meet his or her own needs after paying child support and/or meeting monthly maintenance requirements
Many divorcees rely on maintenance to support them in the early years following their divorce. If you anticipate needing maintenance until you can get back on your feet, consult with a skilled family law attorney who can help you make your case for support.