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What is spousal support and how is it determined?

Spousal support is usually a big concern during divorce because one spouse may feel they need the support and the other spouse may be reluctant to pay any support. Those concerns make understanding how spousal support is determined during the divorce process important for divorcing couples to understand.

Spousal support can be requested by either of the spouses and may also be opposed by the other spouse. Spousal support is intended to offset any unfair economic disadvantage brought about by the divorce. The family law court will consider a variety of factors when determining whether or not to award spousal support.

Factors the family law court may consider when determining spousal support include the age, physical condition, emotional state and financial status of each of the divorcing spouses; the length of the marriage; the standard of living the couple enjoyed during the marriage; the ability of the paying spouse to pay spousal support and also support themselves; and the length of time that would be needed for the recipient spouse to obtain the education or training needed to become self-sufficient.

There are also different types of spousal support that may be available, so it is useful for divorcing spouses to be familiar with them. Spousal support may also be awarded on a permanent basis or as a lump sum. There are many, sometimes sensitive, issues that come up during divorce, including spousal support, which is why it is helpful for divorcing spouses to be familiar with how spousal support is handled during divorce.

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  • Kentucky Justice Association
  • Kentucky Bar Association 1871 Lex Ordo Justicia
  • United States District Court Western District Of Kentucky
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