Are you getting divorced in Kentucky? You may want to talk to your family law lawyer about whether you qualify for spousal support. Spousal support (formerly known as alimony) is not awarded as frequently as it used to be in divorces, which is true nationwide. It was originally intended to help women who had been homemakers support themselves after a divorce. Now, however, both men and women may qualify for it in certain circumstances, though judges prefer to see people who can support themselves without it.
Each state has its own guidelines for awarding spousal support, and some are more flexible and liberal with it than others. If you are getting divorced in Kentucky and are interested in getting spousal support, here's what you need to know about qualifying.
1. You Must Meet Two Stringent Requirements to Qualify for Spousal Support
Kentucky is one of the stricter states when it comes to awarding spousal support. In order for a family law court judge to consider your request for support, you must meet two requirements. These are:
- You don't have the resources to support yourself financially, even after the distribution of marital property is taken into consideration
- You are unable to support yourself financially due to disability or due to being responsible for taking care of a child full-time
Even if you meet these two requirements, you still may not get awarded spousal support. Your spouse must have the financial ability to pay you support while still being able to support themselves. However, these are the two requirements that must be met before your spouses finances will be examined for a consideration of a spousal support award.
2. Your Conduct During the Marriage May Influence the Amount of Support You Are Awarded
Kentucky is a "no fault" divorce state, which means you don't have to state a reason for getting divorced in order to get one. However, it is one of the few states that uses fault in determining a spousal support award.
Only the fault of the person seeking the support is considered by the court. So, if you are seeking spousal support and engaged in misconduct of some kind during the marriage, such as adultery, drunkenness, or abuse toward your partner, your spousal support award may be reduced.
According to DivorceInKentucky.com, you won't necessarily be denied spousal support because you engaged in marital misconduct. Any reduction in the award amount you would have received will be based on how bad the judge deems your misconduct to be.
3. The Amount of Your Award (and How Long You Receive It) Depend on Several Factors
If the judge decides you are entitled to spousal support, the amount you qualify to receive and the length of time you qualify to receive it must then be considered. You may be awarded temporary spousal support if the judge feels you just need a little time to get on your feet financially, either through finding a job or getting the education you need to become employed. The support will end when you become financially independent.
Permanent support is more rare, and is only awarded if it seems unlikely you will be able to support yourself financially, usually due to age or health. Even in permanent awards, the judge will periodically re-examine your case to see if your financial circumstances have changed.
Factors that go into determining whether you get temporary or permanent support, and how much, include:
- The length of the marriage (longer marriages are more likely to result in spousal support awards of any kind)
- The age and health of both spouses
- The standard of living of both spouses during the marriage
- The financial resources of both spouses
- The ability of the requesting spouse to become self-sufficiently employed
Conclusion
It's tougher to get spousal support in Kentucky than in a lot of other states, but that doesn't mean it can't be done. If you believe you qualify for it based on these factors, talk to your family law attorney about asking for it during the divorce proceedings. Your lawyer will advise you on your chances of getting it and how much you may get, and will work in court to make sure you do. Check out a go to website like this one for more info.
