Legal Question in Family Law in Kentucky

In the State of KY is alomony for life? We have been married for 20 years we have both had jobs and carrers that we have lost or given up. She is 42 yrs old and says its my fault that she has no gone to school and has no job skills.


Asked on 5/07/10, 9:06 am

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

In Kentucky, alimony is called "maintenance". There are two kinds: 1) lump sum - which is a defined amount paid out either at once or in regular intervals over a period of time, and 2) lifetime. Lump sum is not modifiable - once set it is set. Lifetime is modifiable.

The test for either kind of maitenance is whether the less wealthy spouse can meet his or her reasonable living expenses on their own. If not, the the wealthy spouse has to pay maintenance. However, if the wealthy spuose cannot afford maintenance based on his/her own reasonable living expenses, then it does not get awarded. The assets each spouse gets from the divorce is figured into the "need" part of this test.

Lifetime maintenance is often seen in marriage of long duration (usually in excess of 20 years) and one spouse has very little employment experience or training due to staying home or due to a disability.

Now, if you can afford to pay maintenance, then you can afford an attorney to protect your interest. If you can't scrape a few hundred dollars together for an attorney, then there's a good chance you won't be able to pay maintenance. The facts of your case will determine the outcome.

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Answered on 5/12/10, 9:56 am


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