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Goldberg Simpson

Whether you are entering the divorce or legal separation for the first time and are in need of financial support from your spouse, or want a family law attorney to review your current maintenance situation to determine whether modification or termination may be appropriate, Goldberg Simpson offers experienced and strategic advocacy to protect our clients and their families in cases involving financial support of either spouse (formerly known as alimony). We will take a comprehensive approach to address your needs now and into the future to protect your ability to take care of yourself and any children you may have.

Kentucky law on maintenance (KRS 403.200) permits a court in a divorce or legal separation to grant an order of support for either spouse if the spouse lacks sufficient property, including marital property apportioned to him/her, to provide for his/her reasonable needs and the spouse is unable to support herself through appropriate employment or has custody of a child whose condition or circumstances do not allow that spouse to seek employment outside of the home.

There is no automatic entitlement to maintenance, and there is no set rule on how long spousal support should continue. For example, a spouse is not automatically entitled to one (1) year of maintenance for every three (3) years of marriage. Unlike child support, there is no established calculation for maintenance, although some judges and lawyers use the Craig Ross program.

Instead, a family court can establish a maintenance order “in such amounts and for such periods of time as the court deems just”, which allows the family court judge plenty of discretion. Factors to be considered include:

The financial resources of the party seeking maintenance, including marital property apportioned to him/her, and his ability to meet his/her needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian;

  • The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment;
  • The standard of living established during the marriage;
  • The duration of the marriage;
  • The age, and the physical and emotional condition of the spouse seeking maintenance; and
  • The ability of the spouse from whom maintenance is sought to

When facing a divorce or if you are involved in a legal separation, it is important to consult with an attorney who can protect your interests involving spousal support and maintenance (formerly alimony).

We provide committed, experienced and skilled advocacy to protect our clients in cases involving these important issues. Contact us today for a consultation.

Goldberg Simpson

Call Now To Schedule A Consultation!
(812) 302-0539