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.
Who Qualifies for Maintenance in Kentucky?
Before a Kentucky court considers which type of maintenance to award or for how long, it first applies a two-part eligibility test under KRS 403.200(1). A spouse must satisfy both parts to be eligible for any maintenance at all.
Part 1: The requesting spouse lacks sufficient property including their share of the marital property divided in the divorce — to provide for their own reasonable needs.
Part 2: The requesting spouse is either unable to support themselves through appropriate employment, or is the primary caretaker of a child whose condition makes outside employment impractical.
Both conditions must be present. A spouse who received a substantial share of marital assets in the property division may have difficulty satisfying the first part, even if they have low income. This is one reason why property division and maintenance eligibility are closely connected the outcome of one directly affects the other.
If a court finds that neither condition applies, maintenance will not be ordered regardless of the length of the marriage or the income gap between the spouses. Only after both parts are satisfied does the court move on to determine the type, amount, and duration of support.
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.
When Maintenance Ends and When It Can Be Modified
Kentucky law (KRS 403.250) is specific about what terminates maintenance automatically and what requires a court action.
Automatic termination
Maintenance ends automatically without any court filing. when the receiving spouse remarries or when either spouse dies. If the paying spouse dies and there is no provision in the decree addressing this, the obligation ends with them.
Cohabitation
A receiving spouse moving in with a new partner does not automatically end maintenance in Kentucky. Unlike remarriage, cohabitation is not a statutory termination event under KRS 403.250. However, the paying spouse can file a motion to modify or terminate maintenance based on cohabitation if they can demonstrate that the arrangement is permanent and provides the receiving spouse with a substantial financial benefit making continued payments unconscionable. Courts have recognized this under Combs v. Combs (Ky. 1990), but the paying spouse carries the burden of proof and must show the cohabitation is more than casual dating.
Modification
Either spouse can request a modification if circumstances change substantially and on a continuing basis. The standard that the change must make the current order “unconscionable” under KRS 403.250 is intentionally high. Routine income changes, voluntary job changes, or temporary setbacks generally do not meet it. A permanent disability, dramatic income shift, or the recipient completing their educational plan ahead of schedule are examples that courts have recognized.
Frequently Asked Questions
How long does alimony typically last in Kentucky?
There is no fixed formula. Duration depends on the length of the marriage, the income gap between spouses, and how long it will realistically take the receiving spouse to become financially independent. As a general pattern, short marriages under five years rarely produce maintenance lasting more than a year. Marriages of five to fifteen years commonly result in rehabilitative support lasting one to five years. Marriages of twenty years or more, especially where one spouse has been out of the workforce long-term, can result in longer or indefinite maintenance. Every case is different the judge has broad discretion under KRS 403.200.
Does adultery or cheating affect alimony in Kentucky?
Kentucky is a no-fault divorce state, and courts are not permitted to consider marital fault including adultery. when deciding whether to award maintenance at all. However, Kentucky courts have discretion to consider fault when determining the amount or duration of an award once eligibility is established. Whether and how much weight a judge gives to fault varies by case. The controlling case on this is Chapman v. Chapman, 498 S.W.2d 134 (Ky. 1973).
Can a prenuptial agreement eliminate alimony in Kentucky?
Yes — Kentucky courts recognize prenuptial agreements that waive or limit spousal maintenance. However, there are limits. Kentucky courts apply what is sometimes called a “dual unconscionability” test the waiver must be fair both at the time it was signed and at the time it is being enforced. In Lane v. Lane (Ky. 2006), the Kentucky Supreme Court refused to enforce a prenuptial maintenance waiver where one spouse had become a full-time caregiver while the other’s income grew dramatically during the marriage. A waiver that was reasonable when signed can become unenforceable if circumstances change dramatically.
If my ex-spouse stops paying maintenance, what can I do?
A maintenance order is a court order failing to comply with it is contempt of court. The receiving spouse can file a motion for contempt with the court that issued the order. Remedies available to the court include wage garnishment directly from the paying spouse’s employer, bank account levies, and in serious cases, license suspension or jail time. Unpaid maintenance accumulates as arrears and does not disappear it remains owed even if the paying spouse later files for bankruptcy (in most circumstances). Acting promptly when payments stop is advisable because delays can complicate enforcement.
Can a husband receive alimony in Kentucky?
Yes. Kentucky law is gender-neutral on maintenance either spouse can request it, and courts evaluate eligibility based on financial need and ability to pay, not on gender. The same two-part eligibility test and the same six factors under KRS 403.200 apply regardless of which spouse is requesting support. This is also covered in more detail in a related post on this site: Can Men Receive Alimony in Kentucky?
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. A Kentucky divorce attorney can help you understand your rights and options, including 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.