Divorce Alimony in Kentucky

Divorce Papers > Divorce Alimony > Divorce Alimony in Kentucky

In this state, alimony is termed as "maintenance." Usually, it is not granted for short term marriages or when both the spouses have relatively the same income.

Factors considered in Divorce Kentucky Alimony

The court regards the following factors as relevant ones to finalize the terms of alimony.

• The capacity of the spouse from whom alimony is expected to fulfill own requirements as well as the requirements of the recipient spouse
• The emotional condition, physical state and age of the spouse requesting maintenance
• The number of months or years for which the marriage lasted
• The standard of living experienced in marital life
• The number of months or years essential for the spouse requesting alimony to attain enough education and training to become satisfactorily employed
• The financial sources of the spouse seeking alimony inclusive of the following points
  • The marital property allocated to this spouse
  • The capacity of this spouse to fulfill own requirements independently
  • If this spouse is granted child support, does this payment comprise of an amount for the spouse as this spouse is the custodian of a child

• The spouse is not able to support self by means of suitable employment, or
• The spouse is a custodian of a child and the circumstances of the child make it impossible for the spouse to seek employment outside the residence, and
• Although the marital property allocated to the spouse is taken into account, still the spouse is in dearth of sufficient property to fulfill own reasonable requirements

Types of Divorce Kentucky Alimony

• Rehabilitative Alimony: These payments are made till the ex spouse completes education or becomes self reliant. This is the most common form of maintenance in this state
• Temporary Alimony: The payments are made for a specific number of months
• Lump Sum Alimony: A large payment is made at one time. There are no future payments
• Permanent Alimony: These payments are made till the demise of the ex spouse or till the ex spouse remarries. If the ex spouse is residing with another person, there are special provisions in this state

• The amount of maintenance is tax deductible for the payer
• This amount is taxable to the recipient of alimony
• If an individual is getting spousal support, he/she is not entitled to AFDC, SSI or other benefits
• The spouse seeking alimony must furnish evidence that the other spouse has adequate income to disburse maintenance over and above the payer's reasonable budget for expenditure on self
• The spouse seeking alimony must prove that he/she is in need of the money and in the absence of this money it is not possible for him/her to survive
• The partner requesting alimony must also demonstrate how he/she is making reasonable attempts to minimize own expenditure and gradually become self reliant

Divorce Papers