Maintenance, or spousal support, is what used to be referred to as alimony in the “old days”. Kentucky law sets forth what factors the Court is to look at when determining a maintenance award. In divorce cases, either the parties agree on the issue of maintenance, taking those factors into account in their negotiations, or the Court will make a determination at a hearing, looking at the factors when determining whether a maintenance award is appropriate.
Two criteria must be met for the Court to award maintenance to either spouse.
- The first criteria is whether the spouse seeking maintenance lacks “sufficient property, including marital property apportioned to him, to provide for his reasonable needs.” (The Court first divides the parties’ property before deciding on maintenance. Occasionally the property is sufficient to generate enough income provide for reasonable needs).
- The second criteria is that that same spouse is “unable to support himself through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.” (It might be the case that the candidate has no income, or not enough income. There might still be a small child at home. The Court looks at the facts of each case).
If the Court determines that these two criteria are met, then maintenance will be awarded. Next, the law says that the maintenance order shall be in such amounts and for such periods of time as the court deems just, and after considering all relevant factors including:
- The financial resources of the party seeking maintenance, including marital property apportioned to him or her, and his or her ability to meet his or her needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian;
- Duration of the marriage;
- Health (both physical and emotional);
- The age and the physical and emotional condition of the spouse seeking maintenance;
- The standard of living established during the marriage;
- The time necessary to acquire sufficient education or training to enable the person seeking maintenance to find appropriate employment;
- The ability of the other spouse to meet his or her needs while meeting those of the spouse seeking maintenance.
If you believe that you might be a candidate for maintenance or spousal support (alimony), you should discuss the facts with a lawyer.
If you believe the other side in a divorce will seek maintenance (alimony), you should discuss the case with a family law attorney.
