When one spouse puts their career on hold to focus on their family, it amounts to a significant personal and financial commitment to the marriage. However, when divorce happens, the uncertain path ahead can be frightening, especially if they lack recent job experience.
Kentucky law understands this challenge. Spousal maintenance—often called alimony—is a critical tool that helps bridge the financial gap for a stay-at-home parent during and after the marriage.
Understanding the need for financial support
Divorce creates a significant financial disadvantage for stay-at-home parents. They may lack current work history, key job skills or sufficient assets to meet their daily needs.
Kentucky courts award maintenance for periods deemed “just”, often with the goal of rehabilitation, and specifically consider the time necessary to acquire the education or training needed to obtain appropriate employment.
For example, maintenance helps by:
- Paying for necessary education or job training
- Covering living expenses while looking for a new job
- Allowing them to ease back into the workforce after many years away
Maintenance payments can help lower or non-earning spouses regain their footing during an uncertain and stressful time.
How do courts view maintenance?
Before a Kentucky court awards alimony, it must find two things. First, the spouse requesting maintenance lacks sufficient property, including their share of the marital assets, to cover reasonable needs.
The second finding looks at their ability to work. They must either be unable to support themselves through suitable employment or be the primary caretaker of a child whose special needs or circumstances make it appropriate that they not be required to seek employment outside the home.
The court then considers multiple factors when determining the amount and duration of payments, including:
- The length of the marriage
- The standard of living during the marriage
- Their age and physical or emotional health
- The length of any necessary job training
A longer marriage and a significant difference in income between spouses often strengthen a support claim.
Keys for building a secure post-divorce future
Maintenance is not a means of punishing higher-earning former spouses. It is a financial bridge to a new chapter of stability. Practical steps to prepare for this process include setting a budget, creating a plan for employment or education goals and gathering all financial documents.
While courts must consider the standard of living established during the marriage, the primary aim of maintenance is to provide for the lower or non-earning spouse’s reasonable needs and enable them to become financially self-sufficient.
Divorce can be highly challenging for a stay-at-home parent, but spousal maintenance can provide a more secure path. The outcome of a maintenance request depends on presenting the strongest case possible, underscoring the need for skilled legal counsel to help achieve financial stability.