In the state of Kentucky, spousal support laws are very rigid. In fact, judges will not grant spousal support unless you meet one of two conditions: either you do not have adequate resources to support yourself financially, or you are responsible for a child who needs extra care, preventing you from working outside the home. If you don’t meet these requirements, you may be unable to receive spousal support after a divorce. Spousal support is also known as spousal maintenance or alimony.
In general, there are three types of spousal maintenance granted in Kentucky. These include:
- Permanent maintenance
- Temporary maintenance
- Rehabilitation maintenance
Permanent maintenance is granted only in rare circumstances, and provides payment from one spouse to another permanently. On the other hand, temporary maintenance, known as “pendente lite” maintenance, is financial support during the duration of your case. You will be able to receive temporary maintenance only for as long as the case lasts. This type of maintenance may be agreed upon by both parties, or decided by a judge in a hearing.
In general, rehabilitation maintenance is paid for a period of up to 5 years. It is designed to help a spouse receive a college degree or complete advanced training in order to become financially self-sufficient. If you were married for a relatively short amount of time, and you are seeking education or career advancement to become financially independent after the divorce, you may qualify for rehabilitation maintenance.
Does Fault Matter?
Kentucky is a “no-fault” divorce state. This means, in general, courts do not consider fault when determining spousal support awards. However, this rule only applies to the fault of the party who will be paying the spousal support. If you are seeking spousal support, and you are at fault for the divorce, you may be unable to receive the amount of maintenance you need. Fault may include adultery, drunkenness, egregious behavior, abuse, abandonment, and other misconduct.
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If you are pursuing spousal support, or you are trying to avoid paying spousal support, Winner Law Group, LLC can provide efficient representation. Attorney Winner will analyze your situation and determine an effective legal strategy as you seek a beneficial outcome. He will listen to your concerns, answer your questions, and tirelessly protect your rights throughout the process.
If you need experienced representation for a divorce or family law matter, contact the Louisville divorce attorney at Winner Law Group, LLC today to receive an initial consultation.
