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How does the court award spousal support?

On Behalf of | Nov 16, 2021 | Family Law |

Spousal support is a payment paid after your divorce or separate from one spouse to the other. It acts as a type of financial care to ensure one spouse is not left destitute after a breakup.

According to the Kentucky General Assembly, the court can award spousal support in a divorce or legal separation, but only when the person receiving it meets certain requirements and other factors make it reasonable.

Providing for needs

One criterion is that the other spouse does not have enough property to provide for his or her needs. The court will only consider reasonable needs based upon the standard set during the marriage.

Working issues

Another criterion is the person cannot properly support him or herself through work. This could be due to not being able to secure employment due to market conditions or a lack of skills. It may also apply if the other person has to care for a child that requires his or her full attention and makes it impossible to secure work outside the home.

Other factors

The court will require that paying support will not leave you in financial trouble. If paying support puts a strain on your finances and makes it so you cannot cover your reasonable needs, then the court will not award it.

In most cases, if a lack of employment leads to a support award, the court will put conditions on the order. The other person will have to seek employment or take steps to prepare for employment, such as earning a college degree or securing training.

Spousal support is not a punishment. It is aid from one spouse to the other to ensure nobody leaves the marriage in financial hardship.