Kentucky
Kentucky Maintenance (Alimony) Laws: How It Works (2026)
Kentucky does not use the word "alimony" in its statutes. Court-ordered post-divorce spousal support is called maintenance, and it is governed by KRS 403.200. There is no formula. A judge decides whether to award maintenance, and if so, how much and for how long, based on a structured set of factors.
Information last verified on June 1, 2026.
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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) lists the factors the judge must consider. There is no formula, no percentage of income, and no guideline calculator. The weight given to each factor is left to the court's discretion.
The Six Statutory Factors
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, 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. This makes experienced legal counsel especially important in Kentucky maintenance cases.
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.
A non-modifiable maintenance provision, if expressly stated in the decree, cannot be changed even if circumstances shift.
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
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. The court decides based on the six statutory factors, primarily the length of the marriage, the time needed for the recipient to become self-supporting, and the recipient's age and health. 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?
Yes, if the decree does not designate the award as non-modifiable. 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. The standard is intentionally high to discourage repeated litigation.
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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)