How Long Does Alimony (Maintenance) Last in Kentucky?

Word ALIMONY written on calculator

Divorce often raises numerous questions about the future, and one of the most common is how long alimony, also known as maintenance in Kentucky, will last. Whether you’re the spouse who may receive support or the one who may be ordered to pay it, understanding how maintenance works under Kentucky law can help you plan for what lies ahead.

What Is Maintenance in Kentucky?

In Kentucky, maintenance (often referred to as alimony in other states) is financial support that one spouse may be ordered to pay to the other during or after a divorce. The purpose is to help the receiving spouse meet their reasonable needs when they are unable to do so on their own. This could be because they lack sufficient property, are unable to support themselves through work, or have custody of a child whose condition makes employment unreasonable.

How Does the Court Decide the Duration of Maintenance?

There is no automatic formula in Kentucky law for determining the duration of maintenance. Instead, under KRS § 403.200, judges have broad discretion to determine the duration based on the specific facts of the case.

The key factors the court considers when setting the amount and length of maintenance include:

  • Marriage length
  • The living standard established during the union
  • The age, health, and emotional well-being of both spouses
  • The financial resources of the spouse seeking maintenance (including marital property awarded to them)
  • The time and education needed for the receiving spouse to become self-supporting
  • The paying spouse’s capacity to fulfill their own requirements as well as those of the other party

Types of Maintenance and Duration

In Kentucky, maintenance can generally fall into three categories, depending on the circumstances of the divorce and the needs of the parties involved.

Temporary Maintenance (Pendente Lite)

Temporary maintenance is awarded during the divorce proceedings, before the final decree is entered. Its purpose is to help the lower-earning spouse cover necessary living expenses, legal costs, or other immediate needs while the divorce is pending. This type of support automatically ends when the divorce becomes final.

Short-Term (Rehabilitative) Maintenance

Short-term or rehabilitative maintenance is designed to help a spouse transition to financial independence. It is typically awarded when one spouse needs time to pursue education, training, or employment to become self-supporting. The court will usually specify the duration of the payments, based on the amount of time it should reasonably take for the spouse to reach that goal.

Permanent Maintenance

Permanent maintenance is rare and generally reserved for marriages of long duration and/or where one spouse is unable to achieve financial independence due to advanced age, disability, or a prolonged absence from the workforce. While referred to as “permanent,” this type of maintenance typically ends if the receiving spouse remarries, if either spouse dies, or if there is a significant change in circumstances that justifies modification or termination.

Can Maintenance Be Changed After It’s Ordered?

Judge examines wooden figures of a family in a courtroom

Kentucky law allows either spouse to request a modification if there has been a substantial and continuing change in circumstances that makes the original award unfair. This could include a major change in income, employment, health, or living situation.

However, if the original order explicitly states that maintenance is non-modifiable, the court generally won’t revisit the terms.

Get Guidance From a Skilled Kentucky Divorce Lawyer. Contact Us Today

If you’re facing divorce and have questions about maintenance, it’s wise to consult an experienced divorce attorney. At Hoffman Walker & Knauf, we assist clients across Kentucky in understanding their rights and obligations regarding alimony and spousal support. We work to protect your financial future while pursuing fair and practical solutions tailored to your specific circumstances.

Contact us today for a confidential consultation.