Modifying and Ending Maintenance in Kentucky

Kentucky maintenance can be modified only on changed circumstances so substantial and continuing as to make the terms unconscionable, and it ends at the death of either party or the recipient’s remarriage unless the decree or a written agreement says otherwise.

Modification

The provisions of a decree respecting maintenance may be modified only upon a showing of changed circumstances so substantial and continuing as to make the terms unconscionable (KRS 403.250(1)). That is a high standard: a small or temporary change is not enough.

Death and remarriage

Unless otherwise agreed in writing or expressly provided in the decree, the obligation to pay future maintenance ends on the death of either party or the remarriage of the party receiving maintenance (403.250(2)). Cohabitation is not mentioned in the statute, so check your decree.

Property cannot be reopened

The provisions as to property disposition may not be revoked or modified unless the court finds conditions that justify reopening a judgment under Kentucky law, which is why a larger property award is a more certain substitute for support.

What to bring

The decree, before-and-after income and expense records, medical records and the date of any remarriage.

Agreements

Because the rule on death and remarriage applies unless the parties agree otherwise in writing, read any settlement language carefully before you sign it.

Documents to gather

The decree, proof of the change in circumstances with dates and any written agreement about death or remarriage.

Next steps

See the two-part threshold for how maintenance is first granted and the Kentucky alimony calculator to test the needs and ability picture after a change.

Frequently asked questions

Can Kentucky maintenance be modified?

Only on changed circumstances so substantial and continuing as to make the terms unconscionable.

Does remarriage end Kentucky maintenance?

Yes, unless otherwise agreed in writing or expressly provided in the decree.

Does death end Kentucky maintenance?

Yes, the death of either party ends future maintenance unless agreed otherwise.

Can a Kentucky property division be changed?

Not unless the court finds conditions that justify reopening a judgment.

Does cohabitation end Kentucky maintenance?

The statute does not mention it; check what your decree or agreement says.

Official sources

Going through a divorce or custody case in Kentucky?

A local family law attorney can review your situation — many offer a free consultation.

Talk to a Kentucky attorney

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.