Kentucky law allows for spousal support or alimony when it is needed due to one spouse’s need. The court will hear all evidence at the divorce proceedings and decide what is appropriate in each case.
Types of Spousal Support
- Temporary – may be awarded during the proceedings, prior to final decree.
- Short-Term – may be awarded for a limited time to allow one party to gain employability.
- Long-Term or Permanent – may be awarded, especially in cases where there was a lengthy marriage, at the court’s discretion.
Who is Eligible for Alimony in Kentucky
A court can grant alimony to either party in Kentucky if it finds that it is necessary because the spouse seeking support:
- Lacks sufficient property to provide for that spouse’s needs; or
- Is unable to support self or is the custodian of a child whose circumstances make it appropriate that the custodian not be required to seek employment.
Kentucky Alimony Guidelines (Factors for Awarding Alimony)
To set the amount and duration of alimony, the court will take the following into consideration:
- Financial resources of the spouse seeking alimony;
- Time necessary to acquire education or training to enable spouse to find employment;
- Standard of living established during marriage;
- Duration of marriage;
- Age and condition of spouse seeking alimony; and
- Ability of spouse from whom alimony is sought to meet personal needs while paying alimony.
Reasons for Termination or Modification of Alimony in Kentucky
A court may order temporary support while the divorce is pending. Most maintenance is granted for a specific duration. It can be modified upon a showing of changed circumstances. Changed circumstances may include remarriage by the receiving spouse or cohabitation.
Marital Fault in Kentucky
Kentucky is a no fault divorce state. Either spouse may file for divorce based on irretrievable breakdown of marriage. Divorce will only be granted once the spouses have lived apart for 60 days or more.
How Long Does Spousal Support Last in Kentucky?
Support is generally granted for a specific amount of time. The length of time depends on factors such as the parties’ needs, duration of the marriage, and whether dependent children require one spouse to stay at home.
Kentucky Alimony Taxes
Federal law demands that the spouse who receives alimony declare it as income for tax purposes. The spouse who pays alimony may declare it as a deduction for tax purposes. Discuss the implications of your alimony arrangement with a tax professional to find out the best way to structure your payments.
Find an Alimony Attorney in Kentucky
An experienced family law attorney can help you navigate the divorce paperwork your settlement arrangement. An attorney will advocate on your behalf and make the process easier on all parties.