Unlike child support, there is no formula for calculating maintenance in Kentucky. If you are eligible for maintenance, the court will consider several factors when establishing the payment amounts which could include the following:

  • Your age and health
  • How long you were married
  • Your financial need
  • Your income, if any
  • Any circumstances that prevent you from working full-time
  • The value of your assets
  • How long it will take you to receive the training and education needed to pursue sufficient employment
  • Your spouse’s ability to pay

The court will also decide whether to award you rehabilitative or permanent maintenance. Rehabilitative is the most common type: it is designed to give you time to acquire the training and education needed to obtain suitable employment. Although the common rule for duration is half the length of the marriage, it is typically limited to five years. Permanent maintenance is comparatively rare and awarded only under the following circumstances:

  • You were married for at least 10 years
  • You don’t have an income or, if you do, it is significantly less than what your spouse earns and/or
  • You have a medical condition prevents you from working