Aside from the effect of cheating on the marriage itself, cheating may affect the divorce process and any alimony awards received by the spouses. Each state varies on how exactly adultery will affect an alimony award, and so this article is intended to clarify that issue for the state of Kentucky. Before discussing whether adultery or cheating would affect an award of alimony or spousal support, the nature of divorce in Kentucky must be examined. Like many other states, Kentucky is a no-fault divorce state.
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All that matters is that irretrievable breakdown of the marital relationship has occurred. Kentucky law refers to alimony as spousal maintenance. The purpose of maintenance is not to either provide a permanent source of income or to punish a spouse, but rather to provide help to a spouse so that he or she can reach a point where self-sufficiency is possible. Prior to making an award of spousal support, a court must determine whether the spouses are eligible for support. Only spouses who either lack sufficient property to support their needs or are unable to support themselves through employment are eligible for support.
If a spouse is eligible for support, the court uses a series of factors to determine the amount and duration of support including:. While the Kentucky spousal maintenance statute 3 is silent on the issue of fault such as adultery in the award of spousal maintenance, Kentucky courts have considered the question of whether fault will affect an award of support. Kentucky is a no-fault divorce state, which means that adultery will not affect whether either spouse is eligible to receive a spousal maintenance award.
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The eligibility determination is purely financial and an adulterous spouse may be entitled to a spousal maintenance award. However, adultery can affect the amount and duration of the award.
Fault on the part of the payor spouse will not affect a spousal maintenance award. Fault, including adultery, on the part of the spouse receiving spousal maintenance, however, will result in a reduced award because Kentucky courts do not want to reward spouses for their marital misconduct.
Marital misconduct such as adultery will only affect an award of spousal maintenance in very limited circumstances. Additionally, being a victim of an adulterous spouse does not entitle a spouse to additional spousal maintenance.
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