Full question:
I live in Kentucky. I got divorced from my wife a year ago. I have been providing her maintenance ever since. I would like to know the grounds under which maintenance order can be modified or terminated.
- Category: Divorce
- Subcategory: Alimony
- Date:
- State: Kentucky
Answer:
The alimony or maintenance order may be modified under Kentucky law. only if there is a showing of a continuous and substantial change in circumstances that has made the continuance of the current order unconscionable. But in case of custody, support or visitation of children, the modification of terms of maintenance is subject to limitation.Per Kentucky Revised Statute §403.250.
“(1) Except as otherwise provided in subsection (6) of KRS 403.180, the provisions of any decree respecting maintenance may be modified only upon a showing of changed circumstances so substantial and continuing as to make the terms unconscionable. The provisions as to property disposition may not be revoked or modified, unless the court finds the existence of conditions that justify the reopening of a judgment under the laws of this state.
(2) Unless otherwise agreed in writing or expressly provided in the decree, the obligation to pay future maintenance is terminated upon the death of either party or the remarriage of the party receiving maintenance.”
Per Kentucky Revised Statute §403.180:
(2) Unless otherwise agreed in writing or expressly provided in the decree, the obligation to pay future maintenance is terminated upon the death of either party or the remarriage of the party receiving maintenance.”
“***
(6) Except for terms concerning the support, custody, or visitation of children, the decree may expressly preclude or limit modification of terms if the separation agreement so provides. Otherwise, terms of a separation agreement are automatically modified by modification of the decree.”
(6) Except for terms concerning the support, custody, or visitation of children, the decree may expressly preclude or limit modification of terms if the separation agreement so provides. Otherwise, terms of a separation agreement are automatically modified by modification of the decree.”
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
