This is an agreement in which Spouse A (the spouse who is ordered by the court to make alimony and/or child support payments to Spouse B) must put assets (the principal) in a trust, from which the payments are made to Spouse B.
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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These payments used to be called alimony, but Kentucky law refers to them as spousal maintenance. Kentucky does not guarantee spousal support and divorcing spouses rarely agree that one of them should receive spousal support.
In the state of Kentucky, it is actually quite difficult to be awarded alimony. Usually, judges do not grant spousal support except in certain extreme situations, and even then, this support is usually only for a temporary amount of time.
Kentucky is a No-Fault Divorce State Therefore in a no-fault state such as Kentucky the family court judges are not interested in hearing about a cheating spouse's misconduct.
Kentucky law allows both former husbands and former spouses to receive maintenance if they meet the legal criteria. KRS 403.200. Kentucky courts have awarded maintenance to former husbands with serious illnesses or limited education/skills.
How Does Kentucky Determine Alimony? The individual who needs financial maintenance does not have any income or salary to independently support themselves at the immediate present. The party who desires alimony does not have a physical or mental ability to provide for themselves with a career or a job.
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.
(1) In a proceeding for dissolution of marriage or legal separation, or a proceeding for maintenance following dissolution of a marriage by a court which lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order for either spouse only if it finds that the spouse seeking maintenance: ( ...
In Kentucky, there is not a formula for determining spousal maintenance and marital fault is not considered in determining whether spousal maintenance is awarded. A judge does have discretion on determining whether marital fault should impact the amount and/or duration of the spousal maintenance.
