Under family law in the state of Kentucky payments to a former spouse for living expenses are no longer called alimony, they are called maintenance. Whether it can be awarded in Kentucky is governed by Kentucky Revised Statute 403.200. The statute requires you to prove two things to the Court in order to receive support from your former spouse.
1. You lack sufficient property to provide for your reasonable needs; and
2. Are unable to support yourself through appropriate employment or are the custodian of a child who requires care that makes it inappropriate for you to work outside the home.
There is no set scale for the amount of maintenance a Court can award. In determining the appropriate amount of maintenance the Court considers the following factors.
1. The financial resources of a party seeking support.
— The Court does consider any child support the party seeking support might be receiving as a result of this divorce.
2. The time it would take for the party seeking maintenance to acquire sufficient education or training to enable them to find appropriate employment.
3. The standard of living established during the marriage.
4. How long the couple has been married.
5. The age, and the physical and emotional condition of the person seeking support.
6. The ability of the spouse from whom maintenance is being sought to pay the amount while still being able to meet their own financial needs.
As you can tell from reading the requirements for the award of maintenance and the guidelines for the amount to be awarded, the Court has a lot of discretion regarding ongoing support from an ex-spouse. As a result it can be difficult for attorneys to accurately predict the amount of support awards. In my personal experience, alimony is not awarded in the majority of divorces but it is something that you should discuss with an attorney if you are planning on getting a divorce. If you have any questions about maintenance or divorce in general please call Hurst & Hurst Law at (859) 209-2101.