Divorce Alimony in Kentucky

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Every state has its own set of laws to conduct a case of marital dissolution. Similarly, various aspects of the dissolution of marriage are treated differently from state to state. Divorce alimony in Kentucky is awarded by considering the legal provisions mentioned in the family laws. In this state, it is known as "spousal maintenance". Usually, it is not granted for a short term marriages or when both the spouses have relatively the same income. The spouses are supposed to come to an agreement regarding this issue. If they cannot do so, the court arranges a trial for the determination of spousal support.

Factors considered in Divorce Alimony in Kentucky

The case hearing for the maintenance is arranged either during litigation for divorce or after the final decree is obtained. The court regards the following factors as relevant ones to finalize the terms of alimony-

  • The capacity of the spouse to fulfill owns requirements as well as the requirements of the recipient spouse.
  • The emotional condition, physical state and age of the spouse requesting maintenance.
  • The number of months or years for which the marriage lasted.
  • The standard of living enjoyed while being together.
  • The number of months or years essential for the requesting spouse to attain enough education and training to become employed with good prospects.
  • The financial sources of the spouse seeking support inclusive of the following points:
    • The marital property allocated to this spouse.
    • The capacity of this spouse to fulfill own requirements independently.
    • If this spouse is granted child custody, then is the spousal support required to assist the spouse in the upbringing of children?
The state court of the Kansas put some restrictions on the spouse seeking maintenance. These restrictions can be called as the eligibility conditions to obtain monitory support.
  • The spouse is not able to support self by means of suitable employment because of their mental or physical disability, or
  • The spouse is a custodian of a child and the circumstances like health or age of the child make it impossible for the spouse to seek employment outside the residence, and
  • Although the marital property allocated to the spouse is taken into account, still the spouse is in dearth of sufficient property to fulfill their own requirements.

Types of Divorce Alimony in Kentucky

Different ways are available to define the amount and time period of monitory help that can be granted to a spouse. They can finalize any option if they go for mutual settlement. Otherwise, the court will decide the payment structure according to its jurisdictional powers. Following are some of the types:

  • Rehabilitative support: These payments are made till the ex spouse completes education or becomes self reliant. This is the most common form of maintenance in this state. The time period ranges from six months to three years.
  • Temporary assistance: The payments are made for a specific number of months. It is a type of alimony paid during the process of litigation, if a contested case is pending for a long period.
  • Lump Sum advance: A large payment is made at one time. There are no future payments. Similarly, the order of maintenance cannot be altered afterwards.
  • Permanent maintenance: These payments are made till the demise of the ex spouse or till the ex spouse remarries. If the ex spouse is residing with another person, there are special provisions in this state to terminate the payment order. Generally, this method is opted when the duration of marriage is more than twenty years.

Highlights of Divorce Alimony in Kentucky

  • The amount of maintenance is tax deductible for the payer.
  • This amount is taxable to the recipient.
  • If an individual is getting spousal support, he/she is not entitled to AFDC, SSI or other benefits.
  • The spouse seeking money must furnish evidence that the other spouse has adequate income to disburse maintenance over and above the payer's reasonable budget to meet other expenditures.
  • If the spouse paying maintenance has any other obligations like child support, they are considered while determining the amount of spousal assistance.
  • The beneficiary must prove that he/she is in need of the money and in the absence of this money it is not possible for him/her to survive.
  • The requesting spouse must also demonstrate how he/she is making reasonable attempts to minimize their self expenditure and gradually become self reliant.

In this way, the details about the statues regarding Divorce alimony in Kentucky can be described. For creating an agreement over this issue and calculating the exact amount to be requested, the spouses can opt for guidance from their lawyers.

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