For those who are divorcing in Kentucky, one of the common concerns is whether or not there will be an order to pay alimony to the former spouse. This can end up costing a significant amount of money and be a source of disagreement. Having an understanding as to what the state law says about this issue can help to prepare for it and either come to a reasonable agreement or try to prevent having to pay spousal support.
According to the law, the court can decide to grant a support order for either spouse. After there has been a legal separation or the marriage has concluded, maintenance can be provided to a spouse if the receiving spouse does not have sufficient property - including property from the marriage - to provide for basic needs. It can also be provided if the former spouse cannot support him or herself through employment or is in custody of a child whose needs make it such that the custodial parent does not have to seek employment away from home.
The support order will be in an amount and paid for a period that the court deems to be just. There are several factors in how this will be determined. The financial resources of the party who seeks maintenance are considered. This includes marital property and whether or not the spouse can meet the needs independently. Also considered will be if a child is involved. A spouse receiving support might need time to be educated or trained to have the ability to gain employment. There could be a certain standard of living that was attained during the marriage and must be maintained. The length of the marriage will be factored in. The ages, physical and emotional condition of the spouse seeking maintenance will be important. Finally, it will be judged whether or not the spouse who will be paying maintenance can meet his or her needs while paying support to the other spouse.
When a marriage ends, it is possible that either spouse will be paid alimony or ordered to pay it. For a full understanding of the various factors that are taken into account and methods of dealing with requests and orders, speaking to an attorney experienced in alimony payments is the first step.