Legal Question in Family Law in Kentucky

In a divorce does the spouse have a right to alimony if they commit adultery?


Asked on 3/05/12, 2:23 pm

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

Whether or not someone receives alimony (what we call maintenance here in Kentucky) has nothing at all to do with whether or not infidelity occurred in the marriage. Kentucky adopted a "no fault" approach to divorce a long time ago and so alimony is now a purely economic determination by the judge. They look at length of marriage, lifestyle, earning potential, division of assets, and ability of the other party to pay to determine alimony issues.

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Answered on 3/06/12, 6:53 am


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