Divorce Attorney Answers: How Much Will I Pay to My Spouse in Alimony?

Alimony, also referred to as spousal support, maintenance, or domestic support, is a financial award granted to a spouse who is financially dependent on the other spouse. Alimony can be ordered on a temporary basis pending a final order of the court. Alimony is awarded as a way to ensure that a financial dependent spouse is not left in a financial situation that is radically different from the standard of living enjoyed by the parties during the marriage.

Alimony is only awarded if the court finds both of the following to be true:

The spouse petitioning for alimony does not have sufficient assets to provide for his or her reasonable needs AND
Is unable to support himself or herself through appropriate employment or is the custodial parent of a child that requires care that prevents the parent from working outside of the home.

Because the court must determine what is “reasonable” and “appropriate,” judges have wide discretion when considering the evidence presented by the petitioning spouse. Since the spouse petitioning for alimony has the burden of proving the above two conditions, it is in your best interest to consult with an experienced divorce attorney if you are seeking alimony from your former spouse.

Kentucky Statutes Regarding Alimony

According to Kentucky Revised Statute §403.200, the court must consider all relevant factors before determining the duration and amount of alimony. The law states that the court must consider factors including:

The financial resources and the assets of the spouse seeking financial support including any funds including in child support for the spouse as a custodian;
The time it would take the spouse seeking assistance to acquire education and/or training to find appropriate employment;
The standard of living shared by the parties during the marriage;
The length of the marriage;
The age, physical condition, and emotional conditional of the spouse seeking alimony; and,
The ability of the spouse who will be paying alimony to meet his or her needs while paying alimony.

Situations Where Alimony Is Appropriate

Not every spouse who applies for alimony will receive alimony. Below are situations where alimony may be justified if the spouse can prove the need for support and the inability to provide his or her own support.

When the spouse has fewer economic possibilities due to age, health, or work experience;
The duration of the marriage is lengthy;
The petitioning spouse has little work experience and little education;
The petition spouse has sought work but has been unable to find employment that provides a sufficient income;
When one spouse must take care of a child with special needs;
A spouse is disabled or seriously ill;
When one spouse contributed to the education of the other spouse allowing that spouse to earn substantially more income;
In a situation where the paying spouse has intentionally reduced income and/or assets in an attempt to avoid paying alimony; or
In a situation where the paying spouse has intentionally accepted employment paying less than the spouse could earn to avoid paying alimony.

There may be other situations where alimony is appropriate. Hiring and experienced divorce attorney can increase the chance that you will receive or pay the correct amount of alimony.

Why Do I Need a Kentucky Divorce Attorney?

Because Kentucky does not have a standard formula for calculating alimony, you need an attorney with substantial experience handling alimony cases. An experienced divorce attorney understands how the court uses the factors in the statutes to determine the duration and amount of alimony that should be paid from one spouse to another. It is crucial that your attorney understands how the court uses these factors in order to present evidence that proves your argument for or against alimony.

If you do not present the correct evidence to build a strong case, you could be receiving less or paying more than you should. An experienced divorce attorney is your best option for ensuring the alimony ordered in your case is fair and just given your circumstances and the facts of your case.

Contact an Experienced Kentucky Divorce Attorney

We’ve Helped Thousands of KY Families, we can help you!

The divorce attorney of Musselwhite Meinhart & Staples, PSC helps individuals with divorce, alimony, custody, or paternity cases. Our divorce attorneys have over 50 years of combined legal experience; therefore, you can trust that you are receiving effective, efficient, and compassionate legal representation.

Our law firm represents clients throughout central Kentucky. Contact our office by calling 270-506-4052 to schedule a consultation with an experienced divorce attorney. You may also contact our office through our convenient online contact form.