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Spousal Support Basics in Kentucky
A court has the power to award either spouse spousal support which is referred to as “maintenance” in Kentucky. When courts consider awarding spousal support, they look at the factors that include the income of both spouses presently, in the past, and what each spouse is capable of making; the spouses’ mutual lifestyle; and other equitable factors.
When support is awarded to one spouse, it usually comes with limitations. The most common limitation is one of time. Spousal support payments are often limited to a period of years, but you should contact an attorney for the specific estimate for your case. Spousal support can also terminate in other ways, including remarriage by the receiving party or the death of either ex-spouse.
Kentucky has no definite guideline on calculating spousal support. Rather the particular court’s discretion, and the facts of each individual case dictate the outcome.
One of the most-feared issues in divorce is spousal support, which was referred to as alimony in the past. Spousal support is money paid by one spouse to another to help in the transition out of married life. Spousal support can be paid in one lump sum or in regular payments for a set schedule.
Courts have significant discretion in setting the actual amount and schedule for payment.
Some factors that may be considered when the Court determines the amount or necessity of maintenance can include the following:
a. The income of the parties, from all sources,
b. The relative earning abilities of the parties
c. The ages and the physical, mental, and emotional conditions of the parties
d. The retirement benefits of the parties
e. The duration of the marriage
f. The extent to which a party may be unable to work outside the home due to child care responsibilities
g. The standard of living of the parties established during the marriage
h. The relative extent of education of the parties
i. The relative assets and liabilities of the parties including but limited to any court-ordered payments be the parties
j. The contribution of each party to the education, training or earning ability of the other party, including, but not limited to, any party’s contribution to the acquisition of a professional degree of the other party
k. The time and expense necessary for the spouse who is seeking spousal support to acquire education, training or job experience so that the spouse will be qualified to obtain appropriate employment, provided the education training, or job experience is, in fact, sought
When support is awarded to one spouse, it usually comes with limitations. The most common limitation is one of time. Spousal support payments are often limited to a period of years, but you should contact an attorney for the specific estimate for your case. Spousal support can also terminate in other ways, including remarriage by the receiving party or the death of either ex-spouse.
Kentucky has no definite guideline on calculating spousal support. Rather the particular court’s discretion, and the facts of each individual case dictate the outcome.
One of the most-feared issues in divorce is spousal support, which was referred to as alimony in the past. Spousal support is money paid by one spouse to another to help in the transition out of married life. Spousal support can be paid in one lump sum or in regular payments for a set schedule.
Courts have significant discretion in setting the actual amount and schedule for payment.
Some factors that may be considered when the Court determines the amount or necessity of maintenance can include the following:
a. The income of the parties, from all sources,
b. The relative earning abilities of the parties
c. The ages and the physical, mental, and emotional conditions of the parties
d. The retirement benefits of the parties
e. The duration of the marriage
f. The extent to which a party may be unable to work outside the home due to child care responsibilities
g. The standard of living of the parties established during the marriage
h. The relative extent of education of the parties
i. The relative assets and liabilities of the parties including but limited to any court-ordered payments be the parties
j. The contribution of each party to the education, training or earning ability of the other party, including, but not limited to, any party’s contribution to the acquisition of a professional degree of the other party
k. The time and expense necessary for the spouse who is seeking spousal support to acquire education, training or job experience so that the spouse will be qualified to obtain appropriate employment, provided the education training, or job experience is, in fact, sought
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Disclaimer: All articles and blog posts are for informational purpose only. This information was current as of November of 2015. The information does not constitute legal advice and should not be relied upon as a substitute for your hiring an attorney to review your specific legal issue. By reading this blog site you understand that there is no attorney client relationship between you and The Fogelman Law Firm LLC. To form an attorney client relationship, you must contact us, appear for a consultation, and sign a retention agreement before this firm will represent you.
Disclaimer: All articles and blog posts are for informational purpose only. This information was current as of November of 2015. The information does not constitute legal advice and should not be relied upon as a substitute for your hiring an attorney to review your specific legal issue. By reading this blog site you understand that there is no attorney client relationship between you and The Fogelman Law Firm LLC. To form an attorney client relationship, you must contact us, appear for a consultation, and sign a retention agreement before this firm will represent you.
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