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Will I receive maintenance or alimony after my divorce?

On Behalf of | Apr 19, 2024 | Family Law

Regardless of who decided to end the marriage, what you are going through now is challenging on all fronts. Not only are you wrestling with a whirlwind of emotions, but you have to start figuring out what happens to you after divorce. The legal costs of divorce and the transition to a single life can be steep. While maintenance, also known as alimony, may soften the blow, it’s not automatically given.

How do judges determine who qualifies for maintenance?

In Kentucky, you must meet two key criteria to receive maintenance. First, you must “lack sufficient property” to meet your reasonable needs, even after receiving assets from your divorce settlement. Secondly, you must be unable to support yourself through appropriate employment or have custody of a child whose special needs prevent you from working.

Unless you meet both of these crucial requirements, the judge may deny your request for maintenance.

How much can I potentially receive?

When it comes to the amount and duration of maintenance, judges have discretion. They will deliberate on several factors such as:

  • The length of your marriage
  • The standard of living you had during the marriage
  • Your potential financial situation after divorce
  • Your age and health
  • The time needed for you to gain sufficient education or training to find employment
  • Your spouse’s ability to pay for maintenance while also meeting their needs

The many uncertainties in divorce can escalate fears and anxieties about the future. A knowledgeable divorce attorney can work with you through the process and advocate for the financial support you need to move on with peace of mind.