Kentucky
Kentucky Maintenance (Alimony) Laws: How It Works (2026)
Independently fact-checked against primary sources (last audited August 16, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 16, 2026. How we verify our legal content
In Kentucky, court-ordered post-divorce spousal support is called maintenance, and it is governed by KRS 403.200. The word "alimony" has not vanished from the statute books (KRS 403.010 still refers to "any action for divorce, alimony or maintenance"), but the provision that actually controls whether support is awarded, and how much, uses the term maintenance throughout. There is no formula. A judge decides whether to award maintenance, and if so, how much and for how long, after considering all relevant factors, including six the statute names.
Information last verified on June 1, 2026.
Estimate your situation: Try our free Kentucky alimony calculator to estimate spousal support and see the factors a Kentucky court weighs.
What Is Maintenance in Kentucky?
Maintenance is a court order requiring one spouse to pay money to the other spouse after a divorce or legal separation. It is meant to bridge a financial gap when one spouse cannot meet their reasonable needs through property or work alone.
Kentucky's statute deliberately avoids permanent labels. A court may award maintenance for a limited period (such as while a spouse finishes job training) or, in marriages where the circumstances warrant it, for an indefinite term. In practice, Kentucky courts award long-term maintenance infrequently and typically tie it to marriages of significant duration or to health conditions that prevent the recipient from ever becoming self-supporting.
Either spouse can request maintenance, regardless of gender. The statute applies equally to both parties.
The Two-Part Threshold Test
Before a court can award any maintenance at all, KRS 403.200(1) requires the judge to find that the requesting spouse meets both of the following conditions:
Part 1: Insufficient property. The spouse lacks sufficient property, including any marital property already apportioned to them, to provide for their reasonable needs. A spouse who received a large share of the marital estate in the property division may fail this test even if their income is low.
Part 2: Unable to self-support. The spouse is either (a) unable to support themselves through appropriate employment, or (b) the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.
Both parts must be satisfied. If a court finds that the requesting spouse has enough property to cover their reasonable needs, or that they could support themselves through suitable work, maintenance cannot be awarded, no matter how large the income gap between the spouses happens to be.
How Courts Decide Amount and Duration
Once the two-part threshold is met, the court moves to the second stage: setting the amount and length of maintenance. KRS 403.200(2) says the order "shall be in such amounts and for such periods of time as the court deems just, and after considering all relevant factors including" the six listed below. That word "including" matters: the list is illustrative, not a closed set. A Kentucky judge must weigh these six, and may also weigh any other factor relevant to the case. There is no formula, no percentage of income, and no guideline calculator, and the weight given to each factor is left to the court's discretion.
The Six Factors the Statute Names
1. Financial resources of the requesting spouse. This includes the marital property awarded to that spouse and their ability to meet their needs independently. A spouse with substantial investment income or a valuable property settlement will receive less (or no) maintenance compared to a spouse left with little after the division.
2. Time needed for education or training. If the requesting spouse needs schooling or job training to find appropriate employment, the court considers how long that realistically takes. A spouse who left the workforce to raise children may need several years to re-enter at a meaningful level.
3. Standard of living established during the marriage. The court looks at the lifestyle the spouses shared. Maintenance is not intended to equalize incomes permanently, but the marital standard of living is a benchmark for what "reasonable needs" means in a given case.
4. Duration of the marriage. Longer marriages generally support more substantial maintenance awards. A spouse who spent decades out of the workforce building a home and family faces a steeper path to self-sufficiency than someone married for a short time.
5. Age, and physical and emotional condition of the requesting spouse. Older spouses, or those with health conditions that limit their earning capacity, are more likely to receive longer or larger awards. A spouse who is 60 years old and has chronic health problems faces different employment prospects than a 35-year-old in good health.
6. Ability of the paying spouse to meet their own needs. Maintenance cannot bankrupt the payer. The court must find that the paying spouse can meet their own reasonable financial needs after making the maintenance payments. If the paying spouse's income barely covers their own expenses, that limits or forecloses an award.
No Formula: What This Means in Practice
Because Kentucky gives judges wide discretion, and because the statute invites consideration of any relevant factor rather than only the six it lists, outcomes can vary significantly based on the judge, the county, and the specific facts. Two spouses with similar incomes and marriage lengths could receive very different outcomes depending on their health, the property division, and their respective career histories. With no formula, get a free case evaluation from a Kentucky family lawyer on building your case on those factors (attorney advertising).
When Maintenance Ends or Changes
Automatic Termination
Under KRS 403.250(2), the obligation to pay future maintenance ends automatically upon:
- The death of either party, or
- The remarriage of the spouse receiving maintenance.
These events do not require a court order to take effect. Unless the divorce decree or a written agreement expressly provides otherwise, maintenance stops on the date of death or remarriage.
Cohabitation
Cohabitation by the recipient is not listed in the statute as an automatic termination event. However, a paying spouse can ask a court to modify or terminate maintenance based on cohabitation if they can show that the cohabitating relationship provides a substantial economic benefit to the recipient, making continued payments unconscionable.
Modification
Either party can request a modification of the maintenance amount or duration after the order is entered. Under KRS 403.250(1), a court can modify maintenance only upon a showing of changed circumstances so substantial and continuing as to make the existing terms unconscionable. This is a high standard. Temporary income changes or minor financial shifts generally do not meet it.
There is one narrow exception, and it is not something a court can impose on its own. KRS 403.250(1) carves out subsection (6) of KRS 403.180, under which the decree "may expressly preclude or limit modification of terms if the separation agreement so provides." So a maintenance term becomes non-modifiable only when the spouses themselves agreed to that in a separation agreement and the decree says so. Absent that agreement, the modification standard above always remains available to either party.
Maintenance vs. Temporary Maintenance
Temporary maintenance (sometimes called "pendente lite" support) can be ordered under KRS 403.160 while the divorce case is pending. It ends when the final decree is entered. The final decree may or may not include a longer-term maintenance award, and the temporary order does not bind the court's final decision.
Is Kentucky Maintenance Taxable?
Federal tax law changed significantly in 2019. For any divorce or separation agreement executed after December 31, 2018, maintenance payments are:
- Not deductible by the spouse who pays them, and
- Not taxable income to the spouse who receives them.
This rule applies to the vast majority of divorces being finalized today. The older rule (deductible to payer, taxable to recipient) only survives for agreements signed on or before December 31, 2018, and only if no qualifying modification was made after that date.
For up-to-date tax guidance, consult IRS Topic No. 452 or a tax professional. Tax rules can change, and a divorce attorney or CPA can help you understand the specific impact on your situation.
How Maintenance Differs from Kentucky Child Support
Maintenance and child support are separate legal obligations. Kentucky child support is calculated using statutory income-shares guidelines under KRS 403.212, which produce a specific dollar amount based on both parents' incomes and the number of children. It is mandatory when custody is determined, not discretionary.
Maintenance, by contrast, is entirely optional (subject to the two-part threshold), has no formula, and is owed to the other spouse, not to or for the benefit of a child. Child support continues until each child reaches adulthood (generally age 18); maintenance runs for whatever period the court orders and ends on death or remarriage.
The Broader Picture
For a state-by-state comparison of how spousal support works across the country, see Alimony Laws by State.
Disclaimer: This page provides general legal information about Kentucky maintenance law, not legal advice. Every divorce involves unique facts, and the outcome of any particular case depends on those facts, the applicable law, and the decisions of the court. Consult a licensed Kentucky family law attorney for guidance on your situation.
Last updated: June 1, 2026.
More Kentucky Laws
- Kentucky Child Custody Laws
- Kentucky Child Support Laws
- Kentucky Common Law Marriage Laws
- Kentucky Divorce Laws
Frequently Asked Questions
Does Kentucky award permanent alimony?
Kentucky does not use the term 'permanent alimony,' but courts can award open-ended maintenance with no fixed end date. That said, indefinite awards are relatively uncommon and typically reserved for long marriages or situations where the recipient cannot reasonably become self-supporting due to age or health. Most awards are time-limited.
How long does maintenance last in Kentucky?
Kentucky law sets no minimum or maximum duration. KRS 403.200(2) leaves the period to what the court deems just after considering all relevant factors, including the six the statute names. In practice the length of the marriage, the time needed for the recipient to become self-supporting, and the recipient's age and health drive the outcome. Awards can range from a few months of rehabilitative support to an indefinite term in exceptional cases.
Can a spouse waive maintenance in a prenuptial agreement?
Yes. Kentucky courts generally enforce prenuptial agreements that waive or limit maintenance, provided the agreement was entered into voluntarily, with full financial disclosure, and is not otherwise unconscionable. A family law attorney should review any prenuptial agreement before signing.
What happens to maintenance if the paying spouse loses their job?
Losing a job is not automatically enough to modify maintenance. The paying spouse must file a motion and show that the changed circumstances are substantial and continuing and that enforcing the existing order would be unconscionable. A temporary or short-term job loss typically does not meet that standard.
Does cohabitation automatically end maintenance in Kentucky?
No. Unlike remarriage, cohabitation does not automatically terminate maintenance under KRS 403.250. The paying spouse must petition the court and prove that the cohabitating relationship provides a substantial economic benefit to the recipient, to the point that continued payments would be unconscionable.
Is a lower-earning spouse always entitled to maintenance in Kentucky?
No. Having a lower income than the other spouse is not enough on its own. The requesting spouse must pass both parts of the threshold test: they must lack sufficient property to meet reasonable needs AND be unable to self-support through appropriate employment. A lower-earning spouse who can support themselves will not qualify.
Can maintenance be changed after the divorce is final?
Usually yes. Either party can ask a court to modify the amount or duration by showing changed circumstances so substantial and continuing that the current terms would be unconscionable, and the standard is intentionally high to discourage repeated litigation. The one exception is narrow: under KRS 403.250(1) and KRS 403.180(6), a decree can preclude or limit modification only where the parties' own separation agreement provided for that. A court cannot make maintenance non-modifiable on its own.
Updates
Corrected the description of Kentucky maintenance law: the statutes do use the word alimony (KRS 403.010), the six factors in KRS 403.200(2) are an illustrative list rather than a closed set, and a decree can make maintenance non-modifiable only where the parties’ separation agreement provides for it.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Kentucky Revised Statutes, Chapter 403: DISSOLUTION OF MARRIAGE -- CHILD CUSTODY
§ 403.200Maintenance -- Court may grant order for either spouseIn forcecited in 4 of our articles
(1) In a proceeding for dissolution of marriage or legal separation, or a proceeding for maintenance following dissolution of a marriage by a court which lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order for either spouse only if it finds that the spouse seeking maintenance: (a) Lacks sufficient property, including marital property apportioned to him, to provide for his reasonable needs; and (b) Is unable to support himself through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 179 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Gentry v. Gentry (Kentucky Supreme Court 1990, 798 S.W.2d 928)“…todian not be required to seek employment outside the home. KRS 403.200(1). The Fayette Circuit Court determi…”
- Inman v. Inman (Court of Appeals of Kentucky 1979, 578 S.W.2d 266)“…of periodic maintenance payment to Mrs. Inman is improper. KRS 403.200 provides: In a proceeding for dissolu…”
- Age v. Age (Court of Appeals of Kentucky 2011, 340 S.W.3d 88)“…held as the method for establishing maintenance. In fact, KRS 403.200(1)(a) and (b) set out the required find…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kentucky Divorce Laws (2026): Grounds, Residency, and Process, Common Law Marriage in Kentucky: Is It Recognized? (2026), Legal Separation in Kentucky: Residency, Orders and Conversion (2026)
§ 403.250Modification or termination of provisions for maintenance and property dispositionIn force
(1) Except as otherwise provided in subsection (6) of KRS 403.180, the provisions of any decree respecting maintenance may be modified only upon a showing of changed circumstances so substantial and continuing as to make the terms unconscionable. The provisions as to property disposition may not be revoked or modified, unless the court finds the existence of conditions that justify the reopening of a judgment under the laws of this state. (2) Unless otherwise agreed in writing or expressly provided in the decree, the obligation to pay future maintenance is terminated upon the death of either party or the remarriage of the party receiving maintenance.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 112 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Clark v. Clark (Court of Appeals of Kentucky 1990, 782 S.W.2d 56)“…te that the payments will continue after the payor’s death. KRS 403.250(2) states that unless otherwise agreed…”
- Board v. Board (Kentucky Supreme Court 1985, 690 S.W.2d 380)“…sive method for modifying a child support order is found in KRS 403.250(1), which requires that a child support…”
- Combs v. Combs (Kentucky Supreme Court 1990, 787 S.W.2d 260)“…remarry” and refused to terminate maintenance pursuant to KRS 403.250(2). Nevertheless, the trial court reduc…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 403.160Temporary orders -- Maintenance, child support, injunction -- Disclosure of information on domestic violence or child abuseIn force
(1) In a proceeding for dissolution of marriage or for legal separation, or in a proceeding for disposition of property or for maintenance or support following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse, either party may move for temporary maintenance. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested. (2) (a) In a proceeding for dissolution of marriage, legal separation, or child support, either party, with notice to the opposing party, may move for temporary child support. The motion shall be accompanied by an affidavit setting forth the number of children of the marriage and the information required to calculate the combined adjusted parental gross income set forth in KRS 403.212, and the Social Security numbers, provided in accordance with KRS 403.135, of all parties subject to the motion.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 22 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Thompson v. Thompson (Kentucky Supreme Court 2005, 172 S.W.3d 379)“…cited the date the divorce petition was filed. It relied on KRS 403.160 but failed to take account of KRS 403.2…”
- James Lawrence Davis v. Ann Marie Davis (Court of Appeals of Kentucky 2025)“…date of filing a child support motion. As James points out, KRS 403.160(2)(a)—which concerns motions for tempor…”
- J.N.R. v. O'Reilly (Kentucky Supreme Court 2008, 264 S.W.3d 587)“…nul divorces and legal separations. [26] See generally KRS 403.160 to KRS 403.250. [27] But see Denb…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 403.180Separation agreement -- Court may find unconscionableIn forcecited in 3 of our articles
(1) To promote amicable settlement of disputes between parties to a marriage attendant upon their separation or the dissolution of their marriage, the parties may enter into a written separation agreement containing provisions for maintenance of either of them, disposition of any property owned by either of them, and custody, support and visitation of their children. (2) In a proceeding for dissolution of marriage or for legal separation, the terms of the separation agreement, except those providing for the custody, support, and visitation of children, are binding upon the court unless it finds, after considering the economic circumstances of the parties and any other relevant evidence produced by the parties, on their own motion or on request of the court, that the separation agreement is unconscionable. (3) If the court finds the separation agreement unconscionable, it may request the parties to submit a revised separation agreement or may make orders for the disposition of property, support, and maintenance.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 82 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Gentry v. Gentry (Kentucky Supreme Court 1990, 798 S.W.2d 928)“…hat of property distribution as well. I do not believe that KRS 403.180 was intended to leave the “ante-nuptial…”
- Ford v. Ford (Court of Appeals of Kentucky 2019, 578 S.W.3d 356)“…reement was insufficient to comply with the requirements of KRS 403.180(4)(a) because it was not, on its face,…”
- Burchell v. Burchell (Court of Appeals of Kentucky 1984, 684 S.W.2d 296)“…to share joint custody are not binding on the trial court. KRS 403.180(2). Further, even if such an agreement…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kentucky Prenuptial Agreement Laws: The Gentry Test Explained (2026)
§ 403.212Child support guidelines -- Administrative regulation establishing a child support obligation worksheet, manual with examples on Attorney General's website -- Terms to be applied in calculations -- TableIn forcecited in 4 of our articles
(1) The following provisions and child support table shall be the child support guidelines established for the Commonwealth of Kentucky. (2) The Office of the Attorney General shall: (a) Promulgate an administrative regulation in accordance with KRS Chapter 13A establishing a child support obligation worksheet; and (b) Make accessible on its website a manual providing examples or illustrations of the application of the child support guidelines and the child support obligation worksheet. (3) For the purposes of the child support guidelines: (a) "Income" means actual gross income of the parent if employed to full capacity or potential income if unemployed or underemployed; (b) "Gross income" includes income from any source, except as excluded in this subsection, and includes but is not limited to income from salaries, wages, retirement and pension funds, commissions, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, Social Security benefits, workers' compensation benefits, unemployment insurance benefits, disability insurance benefits, Supplemental Security Income (SSI), gifts, prizes, and alimony or maintenance received.
Official text (excerpt) · last checked 2026-09-03 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 113 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Downing v. Downing (2001) held that a court abuses its discretion when it sets support above the top of the KRS 403.212 table relying primarily on a mathematical calculation, without other findings on the children's needs. Cabinet for Health & Family Services v. Ivy (2011) read 403.212 to count a parent's SSI as gross income.
Opinions citing this section in our collection:
- Downing v. Downing (Court of Appeals of Kentucky 2001, 45 S.W.3d 449)✓A father's income rose to $57,000 a month, far above the table's $15,000 ceiling, and support was set at $3,475 by extrapolation. The court held that relying mainly on a projection of the KRS 403.212 table, with no findings on the children's needs, was an abuse of discretion.
- Commonwealth, Cabinet for Health & Family Services v. Ivy (Kentucky Supreme Court 2011, 353 S.W.3d 324)✓A mother whose only income was $637 a month in SSI was ordered to pay $106 in support, then held in contempt. The court held KRS 403.212 counts SSI as gross income, so support could be assessed, but the contempt finding was an abuse of discretion absent proof she could pay.
- Artrip v. Noe (Kentucky Supreme Court 2010, 311 S.W.3d 229)✓After custody shifted, the mother's support was reduced by crediting the children's Social Security benefits from the father's disability. The court held only the disabled parent may take that credit, so deviating from the KRS 403.212 guidelines on that basis abused discretion.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kentucky Child Support Laws (2026): Guidelines & Calculator
Explore the law
This article also draws on these acts and chapters (opening at their first section): Kentucky Revised Statutes, Chapter 403: DISSOLUTION OF MARRIAGE -- CHILD CUSTODY § 403.010 (Court may grant divorce -- Remarriage)
Related law for further reading — not part of this article’s citations.
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Sources and References
- Kentucky Revised Statutes Chapter 403 - Dissolution of Marriage(apps.legislature.ky.gov)
- Topic No. 452, Alimony and Separate Maintenance(irs.gov)
- KRS 403.200 - Maintenance; court may grant order for either spouse(apps.legislature.ky.gov)
- KRS 403.250 - Modification or termination of provisions for maintenance and property disposition(apps.legislature.ky.gov)
- KRS 403.180 - Separation agreement; court may find unconscionable(apps.legislature.ky.gov)
- KRS 403.010 - Court may grant divorce; remarriage(apps.legislature.ky.gov)
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