Kentucky alimony laws provide eligibility requirements for alimony benefits.
Alimony laws, also referred to as spousal maintenance laws, provide specific requirements that must be met before a spouse may qualify for financial support during a divorce, divorce proceeding, or legal separation, as ordered by a court of law. If your circumstances fall under the jurisdiction of Kentucky law, understanding some of the basic provisions covered in the state's statutes is helpful in ensuring that your rights are protected.
Eligibility for Alimony/Maintenance
While any party in a divorce, divorce proceeding, or legal separation may request alimony, Kentucky law states that the party must meet specific eligibility requirements. If you are considering petitioning a Kentucky court of law for alimony, you must substantially lack property, including marital property, which restricts you from providing for your reasonable needs. If a Kentucky court of law finds that you can provide for your needs and possess some marital property, you may not qualify for alimony.
In addition, Kentucky law states that you must be unable to support yourself through employment to qualify for alimony. Similarly, you may qualify if you are the custodian of a child whose situation or circumstances, such as a disability, preclude you from seeking employment outside your home.
Determination of Amount and Duration of Alimony/Maintenance
Kentucky law provides that before a court of law rules on the amount and duration of alimony/maintenance, certain facts must be considered to ensure that the best interests of the disadvantaged spouse, typically a wife, are satisfied. These facts include but are not limited to the duration of the marriage, the couple's standard of living during marriage, the financial resources of the spouse seeking alimony and the age, emotional and physical condition of the spouse seeking alimony. In addition, a court of law may also consider the ability of the spouse from whom alimony is sought to provide for himself/herself in addition to providing for the spouse and the time required for the spouse seeking alimony to acquire the education and/or training necessary to obtain appropriate employment.
If you are seeking maintenance and believe there is a unique factor that significantly affects your livelihood, bring that to the attention of the court of law during your divorce, legal separation, or divorce proceeding.
Termination of Alimony/Maintenance
Kentucky Statutes, Section 403.250, states [u]nless 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.
If you are paying alimony to your spouse and he/she remarries or dies, the law allows you to legally terminate the obligation. If your spouse remarries and he/she is still receiving alimony payments, you may need to file a petition/motion for termination of alimony.
Since the circumstances surrounding a court's ruling on spousal maintenance may differ on a case-by-case basis, check your separation agreement, if you have one, as additional restrictions may apply.
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