Kentucky Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because Of Obligor Spouse's Changed Financial Condition

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This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of the obligor spouse's changed financial condition. 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.

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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. Therefore, blaming someone for a divorce does not affect the divorce process.

These include: The financial resources of the party seeking maintenance, including any money that person received from the divorce. The time necessary for the person to acquire the skills or education necessary to support himself. The Standard of Living established during the marriage.

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.

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. See KRS 403.200(1)(a).

Kentucky law doesn't provide a formula for calculating the amount or duration of alimony. Instead, judges have leeway to decide what would be fair. However, the law does require judges to consider all of the relevant circumstances, including: the requesting spouse's age, physical condition, and emotional condition.

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Kentucky Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because Of Obligor Spouse's Changed Financial Condition