Understanding Spousal Support/Maintenance in Kentucky

Divorce is certainly a significant life transition, and along with the emotional complexities come important financial considerations.

One of the most frequently discussed (and often misunderstood) aspects of divorce is spousal support, also known here as spousal maintenance. As a Kentucky family law attorney, I want to provide some clarity on what maintenance entails, who might be eligible, and the factors that influence its determination.

What Exactly is Spousal Maintenance in Kentucky?

Spousal maintenance is a payment from one spouse to the other after a divorce. It's not automatically awarded in every case, but rather is determined based on specific legal criteria.

The underlying principle is to provide financial assistance to a spouse who may have a need for support after the marital is dissolved. This need often arises due to disparities in income, earning potential, or contributions made during the marriage.

When Might Maintenance Be Awarded?

Kentucky law outlines specific circumstances under which a court may award maintenance. It's not about punishing one party or rewarding the other, but rather addressing legitimate financial needs arising from the marital relationship. A court will consider awarding maintenance if it finds that the spouse seeking support:

• Lacks Sufficient Property to Provide for Their Reasonable Needs: This means their own assets, acquired during or outside the marriage, are not enough to meet their basic living expenses.
• Is Unable to Support Themselves Through Appropriate Employment: This can occur due to various reasons, such as:
• Having Custody of a Child Whose Condition or Circumstances Make it Appropriate That the Spouse Not Seek Employment Outside the Home : This acknowledges the financial impact of being the primary caregiver to a child with special needs or during their early years.
• Lacking Marketable Skills and is Incapable of Becoming Self-Supporting : This often applies to spouses who have been out of the workforce for a significant period, perhaps to raise a family, and need time or education to re-enter.
• Being Physically or Mentally Unable to Support Themselves : This considers situations where a spouse's physical or mental health prevents them from securing adequate employment.

Factors the Court Considers in Determining Maintenance:

If the court finds that a spouse meets some or all of the above criteria, it will then consider several factors to determine the amount and duration of maintenance. These factors aim to ensure fairness and take into account the specific circumstances of the marriage:

• The Financial Resources of the Spouse Seeking Maintenance: This includes their separate property and their ability to meet their needs independently.
• The Time Necessary for the Spouse Seeking Maintenance to Acquire Sufficient Education or Training to Enable That Spouse to Find Appropriate Employment: This recognizes the need for support during a period of retraining or education.
• The Standard of Living Established During the Marriage: The court will consider the lifestyle the couple enjoyed during the marriage. A divorced spouse should be able to continuing living at or near that same standard of living, if resources are available to facilitate it.
• The Duration of the Marriage: Longer marriages often lead to a greater likelihood and longer duration of spousal support.
• The Age and Physical and Mental Health of the Spouse Seeking Maintenance: These factors can impact their ability to become self-supporting.
• The Ability of the Spouse From Whom Maintenance is Sought to Meet Their Own Needs While Meeting Those of the Spouse Seeking Maintenance: The court will ensure that the paying spouse is not unduly burdened, or that his/her own standard of living is not dramatically diminished.  
• The Conduct of Either Party During the Marriage: While Kentucky is a "no-fault" divorce state, marital misconduct (like adultery or abuse) can be a factor in determining maintenance.

Important Considerations to Keep in Mind:

• No Automatic Entitlement: It's crucial to understand that there is no automatic entitlement to spousal support in Kentucky. Each case is evaluated individually based on its specific facts and circumstances, and the judge has very broad discretion.
• Short-Term vs. Long-Term Maintenance: Maintenance can be temporary, intended to allow a spouse time to become self-sufficient. Or, in some longer marriages with significant disparities, it can be more long-lasting (though rarely truly permanent).
• Modification: Spousal support orders can sometimes be modified in the future if there is a substantial change in circumstances, though it’s not usually easy to do so.

Navigating the Uncertainty with Experienced Guidance:

The issue of spousal support can be a significant source of anxiety during divorce. Whether a client is concerned about potentially paying maintenance or understanding their right to receive it, having a clear understanding of the law and how it applies to a specific situation is essential.

As a Kentucky family law attorney, I am here to provide that guidance to my clients, to assess their circumstances, and to advocate for a fair outcome. Understanding the potential financial landscape ahead is a crucial step in navigating the path forward.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice to any current or future client of Reed Law Group, PLC.