Kentucky Law on Spousal Maintenance/Alimony

A major issue which arises in the dissolution of a longterm marriage in Kentucky  is that of spousal maintenance, known otherwise in some other states and in the common culture as alimony. Practitioners of the law all too frequently present it to clients as an "it exists, live with it" proposition, and laymen understand it only as a nebulous concept. Sadly, this conclusive and nonexplanatory concept is all too frequently reinforced in the opinions of both trial and appellate courts; further obfuscation comes from the earnest efforts of legal scholars in creating voluminous (and largely incomprehensible to anyone outside the legal community) articles on the topic. Because of this, the general public has difficulty in understanding how spousal maintenance awards are even justifiable in an age where there is rough parity in employment and economic potential among men and women - this leads to miscommunication and misunderstanding between lawyer and client. To my way of thinking, it is important to distill the notion of why it exists down to an explanation that is simple, yet not a soundbite, if only to clarify available options.

My professional approach to spousal maintenance is consistent with Kentucky law and recognizes the fact that a longterm marriage is a single economic entity for most of its duration; like a business entity, some are managed well and some are managed horribly, and that will affect the economic value of the whole entity. The participants in that marriage have certain specific expectations and roles in advancing the economic and social position of the marriage, each set of roles has some actual value which deserves recognition and recompense from the aggregate pool of marital assets.

Once the litigants have a clearer understanding of the reason for the existence of maintenance, the crafting of an equitable property division and determining whether longterm maintenance is necessary becomes a more rational process, and later modifications become more readily explainable.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Get The Help You Deserve

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Office Location

Law Office of Todd K. Bolus, PLLC
600 West Main Street
Suite 500
Louisville, KY 40202

Toll Free: 800-821-4049
Phone: 502-438-9526
Fax: 502-882-5185
Map & Directions