The Factors Kentucky Courts Weigh for Maintenance
After the two-part threshold, a Kentucky court sets maintenance in such amounts and periods as it deems just, considering the requesting spouse’s resources, time for training, the standard of living, the length of the marriage, age and condition and the other spouse’s ability to pay.
Amount and period
After the threshold, the maintenance order is in such amounts and for such periods of time as the court deems just, after considering all relevant factors including those below (KRS 403.200(2)).
The listed factors
(a) The financial resources of the party seeking maintenance, including marital property apportioned to him or her, and his or her ability to meet needs independently, including the extent to which child support for a child living with the party includes a sum for that party as custodian; (b) the time necessary to acquire sufficient education or training to find appropriate employment; (c) the standard of living established during the marriage; (d) the duration of the marriage; (e) the age and the physical and emotional condition of the spouse seeking maintenance; and (f) the ability of the spouse from whom maintenance is sought to meet his or her needs while meeting those of the spouse seeking maintenance.
No fault factor
Marital misconduct is not on the list. The property division is also made without regard to marital misconduct.
No formula and no cap
The statute sets no percentage of income and no maximum duration. The length of the marriage is a factor, not a limit.
Evidence that helps
Program schedules and costs for retraining, evidence of the marital standard of living, health records, and budgets showing what each spouse needs and can pay.
Questions for the negotiation
Decide the amount, the period and whether payments should end on events other than death or remarriage, because the statute leaves that to the decree.
Try the calculator
The Kentucky alimony calculator builds a ceiling from factors (a) and (f).
Frequently asked questions
What factors does Kentucky consider for maintenance?
The requesting spouse's resources including apportioned marital property, time for training, the standard of living, the duration of the marriage, age and condition, and the other spouse's ability to pay.
Is there a formula for Kentucky maintenance?
No. The court sets amounts and periods as it deems just.
Does the standard of living matter in Kentucky maintenance?
Yes, the standard of living established during the marriage is a listed factor.
Is there a maximum length for Kentucky maintenance?
No statutory maximum; the court sets the period.
Does child support count as a resource in Kentucky maintenance?
The financial resources factor looks at how much of a child support provision includes a sum for the party as custodian.
Official sources
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Kentucky statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Kentucky attorney.