Alimony is still an issue in Louisville and Kentucky divorces although the legal term has changed to maintenance.  Kentucky judges grant alimony or maintenance awards but not normally in short term marriages, or when the parties have relatively equal incomes. 

Alimony – can be:

Permanent Alimony - paid until the ex spouse dies or remarries.  Some Kentucky maintenance awards terminate alimony if the ex spouse cohabitates with another person.

Lump sum Alimony - A large upfront alimony payment to avoid future payments and guarantee that the amount awarded will be paid.

Temporary Alimony - Maintenance payments made for a limited time. 

Rehabilitative Alimony - a type of temporary alimony calculated to provide the ex-spouse with enough income while he/she seeks training, attends school, or otherwise makes efforts to become self-sufficient.  This is the most common form of alimony or maintenance in Louisville and Kentucky.

Fault leading to divorce is now a limited consideration in Kentucky Courts deciding alimony issues.  Fault is no longer a factor in deciding whether maintenance should be paid and can only be used to determine how much alimony should be paid. The needs of the ex spouse, his/her standard of living, and the paying spouse's ability to pay are the major considerations for determining if and how much alimony or maintenance should be paid. Custody of the children is not a factor but what amount is paid or received in child support is.

Maintenace is tax deductible to the person paying and it is a taxable item to the person receiving it.  Also if you get alimony it may be that you are not able to receive AFDC,  SSI or other benefits.  If alimony or maintenance is awarded, attorney fees are also often awarded.  

The Divorce Manual fully discusses alimony and maintenance.   Download your free copy.  This is an advertisement for the Divorce Manual.  This is not legal advice it is for informational purposes only.

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