Alimony in Kentucky is ordered when one spouse lacks the ability to maintain the lifestyle enjoyed during the marriage. Not only does that spouses’ standard of living drop, but also that spouse generally lacks the earning potential or means to improve that situation. Alimony in Kentucky started as a way to prevent wives form becoming destitute and relying on public assistance after divorcing from the primary breadwinner. The definition of alimony has changed and now entails spousal support, applicable to both genders and can be ordered for a number of reasons to suit a number of purposes in keeping with making a marital split equitable.
Factors considered for alimony in Kentucky
The custodial parent will have a stronger case for receiving alimony, especially if the child support agreement involves substantial contributions on their part or restricts the money received for the child only. For shorter term marriages, a lack of shared martial property inevitably means that one party will have to receive alimony to compensate during the division of property. Long term marriages will have the length of the marriage, as well as consideration for the health and earning potential when determining the appropriate level of spousal support. This includes pension and retirement benefits as well as medical and other related expenses.
Types of alimony in Kentucky
Temporary alimony is granted before a divorce goes into effect. This provides for the living arrangements of the financially dependent spouse while the details of the divorce are worked out. This is not a guarantee that the court will order additional alimony after the temporary alimony is completed. The temporary alimony is granted after the initial hearing when the divorce papers have been filed and served.
Short term alimony refers to alimony with a fixed rate that either provides breathing room for the dependent spouse to find employment or pay off a debt to the independent spouse, such as a student loan of expenses related to job training.
Long term alimony, in a conventional sense, is terminated only when the receiving spouse dies or remarries. Other provisions in the divorce agreement may terminate this agreement with other conditions, so the alimony arrangement must be read thoroughly before any action is taken. Since fault-based divorces are becoming less common in Kentucky, alimony may be limited to when children in the marriage turn 18 or certain needs or obligations are met.
Payment of alimony
You can choose to pay off many forms of alimony in a lump sum, although this eliminates the chance to have the alimony reviewed or terminated if the divorced spouse violates the divorce agreement or circumstances change. In other instances, the paying spouse may request for the alimony to be modified or terminated due to changing circumstances.
You will pay alimony directly to the spouse or set up a wage garnishment system to have the payments sent automatically. In the event of non-payment, garnishment may be done automatically as well as civil action such as the seizure of property.
