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Understanding Kentucky Spousal Support

Understanding Kentucky Spousal Support

Going through a divorce in Kentucky can be a complicated process. If you are seeking a divorce in Kentucky, you might want to request spousal support, especially if you are dependent on your spouse’s income. The hometown lawyers at Greg Baker Attorneys at Law are compassionate and understanding toward our clients going through a divorce in Kentucky. We will advocate for the best interests of our clients throughout the divorce process and attempt to secure as much spousal support as possible. We understand how vital obtaining spousal support in Kentucky is to our clients.

How do I Secure Spousal Support in Kentucky?

A judge in Kentucky has the authority to order one divorcing spouse to make ongoing payments to the other divorcing spouse. These payments used to be called alimony, but Kentucky law refers to them as spousal maintenance. Kentucky does not guarantee spousal support and divorcing spouses rarely agree that one of them should receive spousal support.

Kentucky Judges Use a Factor Test to Determine the Amount of Spousal Support

Typically, divorcing spouses contest spousal support, and a judge must determine the amount of support. In making the determination, judges consider several factors outlined in Kentucky’s family law statutes. First, does the spouse requesting support “lack sufficient property” to provide for her “reasonable needs? When judges make this determination, they take into account any assets the requesting spouse may gain after the final divorce settlement.

Kentucky judges will also consider whether the spouse requesting support will be able to support him or herself “through appropriate employment.” Will the spouse seeking support need to find childcare? Are there any other factors that might prevent the requesting spouse from making enough money to meet his or her “reasonable needs”?

If a judge decides that the requesting spouse should receive support, he or she must then determine how much support to award based on the following “relevant factors”:

  • How long did the marriage last?
  • What was the “standard of living” of the requesting spouse during the marriage?
  • What is the financial condition of the requesting spouse? What property will he or she acquire upon the divorce finalization?
  • What are the age and physical and mental condition of the requesting spouse?
  • Will it take a long time for the requesting spouse to obtain education or training to secure “appropriate employment”/
  • Will the supporting spouse be able to meet his or her needs while supporting the other spouse?

Kentucky does not have firm and fast rules about how much support a judge awards or how long the support will last. Judges have a relatively large amount of discretion in determining spousal support in Kentucky.

The Friendly Hometown Lawyers at Greg Baker Attorneys at Law are Here to Help

We understand how stressful facing a divorce can become. Our attorneys have extensive experience in advocating for Kentucky spousal support on behalf of our clients. Judges in Kentucky enjoy a large amount of discretion when it comes to awarding support. You will benefit from skilled legal representation effectively advocating your need for spousal support. Our Kentucky family law spousal support attorneys are ready to begin advocating for you.  Contact us at 606-403-1222 today for a Free Consultation.