In Kentucky, maintenance is not automatic. A court awards maintenance only if a spouse lacks sufficient property to meet reasonable needs and cannot support themselves through appropriate employment. Courts prioritize rehabilitation toward self-sufficiency and evaluate marriage length, financial resources, and marital standard of living. Maintenance ends upon remarriage or the death of either party.
Kentucky law calls payments to a former spouse for living expenses maintenance, not alimony. Kentucky Revised Statute 403.200 governs whether maintenance can be awarded.
Alimony can be ordered to be paid only during the divorce process or after for some time as well, depending on how long it will take for the supported spouse to become financially stable on their own.
With this in mind, we will explain the three types of alimony offered in Kentucky that pertain to the specific situation of the spouses.
Key Alimony Points
- Kentucky courts award maintenance based on need and ability to pay, considering factors like marriage length, income, health, and standard of living.
- There are three types of alimony in Kentucky: temporary (during divorce), short-term rehabilitative support, and rare permanent maintenance.
- Short marriages rarely qualify for long-term support. Two-year marriages typically result only in brief rehabilitative maintenance, if any.
Three Types of Alimony in Kentucky
Family courts in Kentucky can award temporary (pendente lite) maintenance, short-term maintenance, or permanent maintenance.
1. Temporary Alimony
Temporary support orders are alimony arrangements that only last for the duration of the divorce process. This is primarily for situations when one spouse had relied on the other for day-to-day expenses, and they need financial assistance to make ends meet while they settle the divorce. Temporary support ends when the judge finalizes the divorce or when they issue a new support order.
2. Short-term Alimony
The most common type of alimony in Kentucky is short-term alimony, whose purpose is to support the other spouse in obtaining an educational degree or specialized job training for finding employment. This type of alimony is often called “rehabilitative” alimony, and it lasts until the supported spouse is able to secure proper employment. The judge will usually require the spouse to create a detailed plan explaining how long it might take to become financially independent.
3. Permanent Alimony
The third type of alimony, permanent alimony, is rarely granted and usually reserved for couples who are ending a long-term marriage. In such a case, a judge might order permanent alimony to support a lower-earning spouse who is unable to work due to disability or advanced age. Permanent alimony ends when either spouse dies or when the support spouse remarries.
"*" indicates required fields
Can I Get Alimony After 2 Years Of Marriage?
Alimony after a 2-year marriage is rare but possible and is usually awarded as short-term rehabilitative support lasting a few months. Courts generally treat 2-year marriages as too brief for long-term support and focus on restoring financial independence.
Deciding on the Alimony Award
Kentucky law does not use a formula to determine spousal maintenance and excludes marital fault when deciding if support is awarded. Judges may consider marital fault when setting the amount or duration of support.
In Kentucky, maintenance is a court-ordered payment that supports a spouse after divorce based on financial need and the other spouse’s ability to pay. Courts do not award maintenance automatically. Courts usually grant maintenance for short, rehabilitative periods, especially when the marriage lasted fewer than 10 years.
Either spouse has the right to request alimony, though the judge must find that the requesting spouse doesn’t have sufficient resources to be self-supporting and that they are unable to be self-sufficient or cannot work outside the home because they are responsible for caring for a young or incapacitated child.
If the court deems it appropriate to order alimony, they will consider the following factors to determine what type of alimony to grant and for how long:
- The requesting spouse’s financial resources, including marital property received in the divorce, and the ability to become financially independent;
- The time necessary for the supported spouse to complete job training or an educational program to find proper employment;
- The standard of living during the marriage;
- The length of the marriage;
- The supported spouse’s age, and physical and mental health; and
- The paying spouse’s ability to remain financially independent while paying maintenance.
Our Divorce Attorneys Can Help You With Any Questions Regarding Alimony
If you have further questions about the difference between Kentucky’s alimony options or which one you might qualify for, do not hesitate to contact our firm for legal advice. We can take a look at your circumstances to help you determine what type of alimony you may receive or be expected to pay, as well as for how long. We can also help you request for modification of an alimony arrangement if you have experienced a significant change in circumstances.
Whatever your alimony concern, the Law Office of Pamela C. Bratcher can help. Contact us today for more information.