This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the remarriage of the plaintiff former spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Kentucky Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff
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How to fill out Affidavit Of Defendant Spouse In Support Of Motion To Amend Or Strike Alimony Provisions Of Divorce Decree On Remarriage Of Plaintiff?
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FAQ
Kentucky does not recognize fault-based grounds for divorce, so even if adultery ended your marriage, it is not a consideration in the awarding of alimony.
We used to call this ?alimony,? but today it is more commonly referred to as spousal maintenance. There is no automatic right to spousal maintenance under Kentucky law; rather, a court must make certain findings regarding the former spouse's financial condition.
Permanent alimony/maintenance is quite rare and is only awarded if the spouses were married for at least ten years, the receiving spouse earns no money or has an income that is significantly less than the payor spouse's income, or the receiving spouse has a medical condition that prevents him or her from working.
Division of Property: Kentucky follows the rule that each spouse is entitled to keep their separate property which was acquired by them before the marriage, but there will be an equitable distribution of their marital property.
Kentucky law allows for the annulment of a divorce decree that was entered in a Kentucky county. It does not matter where the parties now live as long as a Kentucky court issued the divorce decree.
In a divorce action, property division must occur before maintenance is considered. After that occurs, the maintenance award will be calculated. A spouse may be granted maintenance if he/she lacks sufficient property, including marital property apportioned to him/her, to provide for his/her reasonable needs.