Can Alimony (Maintenance) Be Changed in Kentucky?

judge's gavel on dollar bills

When a court orders alimony, known in Kentucky as maintenance, many people assume the terms are set in stone. However, life doesn’t stand still. Circumstances can change after a divorce is finalized, sometimes in ways that make the original maintenance award unfair or unworkable. 

Fortunately, Kentucky law allows for modifications of maintenance under the right conditions. If you’re paying or receiving maintenance, understanding when and how those payments can be changed is crucial. 

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How Maintenance Works in Kentucky

In Kentucky, maintenance refers to the financial support that one former spouse may be required to provide to the other during or after a divorce. Its purpose is to help the receiving spouse meet reasonable needs when they are unable to do so on their own, whether due to insufficient property, lack of earning ability, or caregiving responsibilities.

Maintenance is generally awarded under three circumstances:

  • Temporary maintenance provides support while the divorce is pending.
  • Rehabilitative maintenance helps the receiving spouse transition to financial independence, such as through job training or education or child-rearing years, after the divorce is final.
  • Permanent maintenance may be awarded in long-term marriages where the recipient will never be able to achieve self-sufficiency due to age, disability, or other significant factors.

Can Maintenance be Modified?

Under Kentucky law, most maintenance orders can be modified. Specifically, KRS § 403.250 provides that either party may ask the court to modify or terminate a maintenance award if they can demonstrate that there has been a “substantial and continuing change in circumstances” that makes the original order unfair.

Some examples of changes that may justify modification include:

  • A significant increase or decrease in either party’s income
  • A job loss or major career change
  • Serious health issues affecting a party’s ability to work or the need for support
  • Remarriage or cohabitation of the receiving spouse (in many cases, remarriage ends maintenance altogether)
  • Retirement of the paying spouse, if it substantially affects income

It is also important to note that not all changes will qualify. The change must be substantial, meaning significant enough to affect the fairness of the original award, and it must be ongoing, not temporary.

Can Maintenance be Non-Modifiable?

In some divorce cases, the parties agree (or the court orders) that maintenance will be non-modifiable. This means neither party can later request a change, regardless of how circumstances shift. Non-modifiable maintenance is typically the result of a written agreement approved by the court.

If your divorce decree or settlement agreement contains language specifying that maintenance is non-modifiable, it will be very difficult, if not impossible, to revisit the terms later. This is one reason it’s crucial to understand the long-term implications of any maintenance agreement before signing.

How To Seek a Modification

Alimony on a court desk

If you believe a change in maintenance is justified, the first step is to file a motion with the family court that issued the original maintenance order. You’ll need to provide clear evidence of the substantial and continuing change in circumstances. This might include:

  • Pay stubs, tax returns, or proof of job loss
  • Medical records documenting a disability or illness
  • Evidence of the recipient’s remarriage or cohabitation

The court will review the facts and determine whether modifying or terminating maintenance is appropriate. Keep in mind that maintenance obligations continue until the court formally changes the order, so don’t stop making payments on your own, even if your circumstances have changed.

Contact Hoffman Walker & Knauf To Learn More About Maintenance Modifications in Kentucky

At Hoffman Walker & Knauf, we understand that life after divorce can bring unexpected challenges. Our team is here to help you seek or defend a maintenance modification with compassion and skill. Contact us today for a confidential consultation.