One of the most common concerns for individuals going through a divorce is whether alimony will be part of the divorce agreement. Alimony has two basic purposes: to make sure one spouse does not walk away with all the marital assets and funds and to prevent inequalities in terms of each spouse’s future standard of living. Whether you were the spouse that was unfaithful or not, you may be wondering if infidelity has an impact on alimony in the state of Kentucky. Today, we will review the potential impact infidelity could have on your divorce proceedings.
The Role Adultery Play in a Kentucky Divorce
Kentucky is a no-fault divorce state, which means it does not matter who was at fault for the dissolution of a marriage. You can put down that your marriage was “irretrievably broken.” The court will accept this statement and grant the divorce if both spouses have been living apart for at least 60 days.
Kentucky does not recognize fault-based grounds for divorce. Therefore, a judge will not consider adultery and how it may have impacted the marriage when determining whether to grant the divorce.
How Does Adultery Affect an Alimony Award in Kentucky?
Adultery has a very limited impact on alimony decisions in the state of Kentucky. A judge could technically consider adultery when deciding how much alimony should be awarded, but this is not very common. A judge is not allowed to prevent a spouse from receiving alimony just because he/she committed adultery.
One of the factors the court will consider when awarding alimony is the supported spouse’s financial resources and ability to take care of himself/herself. If your spouse wasted marital assets on a paramour, then this could affect the amount of alimony awarded.
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