Ky. Rev. Stat. » Chapter 403

Ky. Rev. Stat. § 403.200

Maintenance -- Court may grant order for either spouse

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(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: (a) Lacks sufficient property, including marital property apportioned to him, to provide for his reasonable needs; and (b) Is unable to support himself through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home. (2) The maintenance order shall be in such amounts and for such periods of time as the court deems just, and after considering all relevant factors including: (a) The financial resources of the party seeking maintenance, including marital property apportioned to him, and his ability to meet his needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian; (b) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment; (c) The standard of living established during the marriage; (d) The duration of the marriage; (e) The age, and the physical and emotional condition of the spouse seeking maintenance; and (f) The ability of the spouse from whom maintenance is sought to meet his needs while meeting those of the spouse seeking maintenance. History: Created 1972 Ky. Acts ch. 182, sec. 10.

Notes of Decisions
Cited in 178 cases (68 in the last 5 years), 1973–2026 · leading case: Powell v. Powell
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Powell v. Powell (2003) ky · cites it 18× “00 per month for the duration of three years in light of the factors enumerated in KRS 403.200. We find the trial court's decision to limit the amount and duration of maintenance particularly unjust considering Dr.”
McGowan v. McGowan (1983) kyctapp · cites it 18× “190, and the maintenance statute, KRS 403.200, already include an adequate means for compensating the non-professional spouse, and, thus, that it would be inappropriate for us to judicially create such a right.”
Age v. Age (2011) kyctapp · cites it 8× “During the hearing, the court assiduously asked both parties about the property division and the other factors in KRS 403.200. In its order, it stated that it had considered the factors in KRS 403.”
Gentry v. Gentry (1990) ky · cites it 10× “KRS 403.200(1). The Fayette Circuit Court determined that Kathy Gentry was entitled to maintenance under KRS 403.”
Shafizadeh v. Shafizadeh (2012) kyctapp · cites it 9× “Utilizing the factors set forth in KRS 403.200, Saeid asserts, Denise is clearly capable of self-sufficiency.”
Poe v. Poe (1986) kyctapp · cites it 8× “Yet Light, supra, treats the pension involved as an equitable circumstance potentially entitling the nonmilitary spouse to an award of maintenance under KRS 403.200. Both these conceptually distinct approaches raise serious questions.”
Lovett v. Lovett (1985) ky · cites it 10× “KRS 403.200, our statute pertaining to maintenance, provides: 403.”
McGregor v. McGregor (2011) kyctapp · cites it 5× “In contrast, the maintenance statute, KRS 403.200, does not explicitly include a similar provision permitting a court to impute income to a voluntarily unemployed or underemployed spouse.”
McVicker v. McVicker (2015) kyctapp · cites it 5× “KRS 403.200(1) provides that a court may grant maintenance only if it finds the spouse seeking it “[l]acks sufficient property, including marital property apportioned to him, to provide for his reasonable needs” and “[i]s unable to support himself through appropriate employment.”
Wattenberger v. Wattenberger (2019) kyctapp · cites it 4× “200(1)(a) ) included her caring for the parties' adult son and his family (his wife and two children) as well as a cell phone plan that covered those two adults and Flora's mother.”
Daunhauer v. Daunhauer (2009) kyctapp · cites it 7× ““Maintenance awards are governed by KRS 403.200 ... [which] seeks to enable the unemployable spouse to acquire the skills necessary to support himself or herself in the current workforce so that he or she does not rely upon the maintenance of the working spouse indefinitely.”
Lawson v. Lawson (2007) kyctapp · cites it 5× “John further argues that the trial court’s award of maintenance to Barbara does not comport with KRS 403.200(1). According to that statute *23 the court may grant a maintenance order for either spouse only if it finds that the spouse seeking maintenance: (a) Lacks sufficient…”
Show all 178 citing cases →
— Ky. Rev. Stat. § 403.200(1) — 66 cases
Gentry v. Gentry (1990) ky “KRS 403.200(1). The Fayette Circuit Court determined that Kathy Gentry was entitled to maintenance under KRS 403.”
McVicker v. McVicker (2015) kyctapp “KRS 403.200(1) provides that a court may grant maintenance only if it finds the spouse seeking it “[l]acks sufficient property, including marital property apportioned to him, to provide for his reasonable needs” and “[i]s unable to support himself through appropriate employment.”
Poe v. Poe (1986) kyctapp “Yet Light, supra, treats the pension involved as an equitable circumstance potentially entitling the nonmilitary spouse to an award of maintenance under KRS 403.200. Both these conceptually distinct approaches raise serious questions.”
Casper v. Casper (1974) kyctapphigh
Lovett v. Lovett (1985) ky “KRS 403.200, our statute pertaining to maintenance, provides: 403.”
— Ky. Rev. Stat. § 403.200(1)(a) — 18 cases
Age v. Age (2011) kyctapp “During the hearing, the court assiduously asked both parties about the property division and the other factors in KRS 403.200. In its order, it stated that it had considered the factors in KRS 403.”
Powell v. Powell (2003) ky “00 per month for the duration of three years in light of the factors enumerated in KRS 403.200. We find the trial court's decision to limit the amount and duration of maintenance particularly unjust considering Dr.”
Wattenberger v. Wattenberger (2019) kyctapp “200(1)(a) ) included her caring for the parties' adult son and his family (his wife and two children) as well as a cell phone plan that covered those two adults and Flora's mother.”
James Arthur Harmon, Jr. v. Wanda B. Harmon (2023) kyctapp
Timothy O'Keefe v. Angela Marie O'Keefe (2024) kyctapp
— Ky. Rev. Stat. § 403.200(1)(b) — 15 cases
McGowan v. McGowan (1983) kyctapp “190, and the maintenance statute, KRS 403.200, already include an adequate means for compensating the non-professional spouse, and, thus, that it would be inappropriate for us to judicially create such a right.”
Inman v. Inman (1979) kyctapp
Lovett v. Lovett (1985) ky “KRS 403.200, our statute pertaining to maintenance, provides: 403.”
Mark Allen Peterson v. Stephanie Marie Peterson (2022) kyctapp
David Ferrell Byrd v. Joanna Byrd (2020) kyctapp
— Ky. Rev. Stat. § 403.200(2) — 81 cases
Powell v. Powell (2003) ky “00 per month for the duration of three years in light of the factors enumerated in KRS 403.200. We find the trial court's decision to limit the amount and duration of maintenance particularly unjust considering Dr.”
Age v. Age (2011) kyctapp “During the hearing, the court assiduously asked both parties about the property division and the other factors in KRS 403.200. In its order, it stated that it had considered the factors in KRS 403.”
Gentry v. Gentry (1990) ky “KRS 403.200(1). The Fayette Circuit Court determined that Kathy Gentry was entitled to maintenance under KRS 403.”
Shafizadeh v. Shafizadeh (2012) kyctapp “Utilizing the factors set forth in KRS 403.200, Saeid asserts, Denise is clearly capable of self-sufficiency.”
McGregor v. McGregor (2011) kyctapp “In contrast, the maintenance statute, KRS 403.200, does not explicitly include a similar provision permitting a court to impute income to a voluntarily unemployed or underemployed spouse.”
— Ky. Rev. Stat. § 403.200(2)(a) — 28 cases
Powell v. Powell (2003) ky “00 per month for the duration of three years in light of the factors enumerated in KRS 403.200. We find the trial court's decision to limit the amount and duration of maintenance particularly unjust considering Dr.”
Block v. Block (2007) kyctapp
Gomez v. Gomez (2005) kyctapp
Weber v. Lambe (2017) ky
In Re Smither (1996) kywb
— Ky. Rev. Stat. § 403.200(2)(b) — 6 cases
Travis Yates v. Rebecca Yates (2022) kyctapp
Anastasia G. Stiegelmeyer v. Michael Patrick Stiegelmeyer (2022) kyctapp
Laure Ryan (Formley Known as Laure Whiteley) v. James Whiteley, Jr. (2022) kyctapp
Tammara Lea Stricklett v. Kevin Robert Stricklett (2022) kyctapp
Mark Allen Peterson v. Stephanie Marie Peterson (2022) kyctapp
— Ky. Rev. Stat. § 403.200(2)(c) — 11 cases
Powell v. Powell (2003) ky “00 per month for the duration of three years in light of the factors enumerated in KRS 403.200. We find the trial court's decision to limit the amount and duration of maintenance particularly unjust considering Dr.”
Lovett v. Lovett (1985) ky “KRS 403.200, our statute pertaining to maintenance, provides: 403.”
Drake v. Drake (1991) kyctapp
McGowan v. McGowan (1983) kyctapp “190, and the maintenance statute, KRS 403.200, already include an adequate means for compensating the non-professional spouse, and, thus, that it would be inappropriate for us to judicially create such a right.”
Tammara Lea Stricklett v. Kevin Robert Stricklett (2022) kyctapp
— Ky. Rev. Stat. § 403.200(2)(d) — 1 case
Tammara Lea Stricklett v. Kevin Robert Stricklett (2022) kyctapp
— Ky. Rev. Stat. § 403.200(2)(e) — 5 cases
Lawson v. Lawson (2007) kyctapp “John further argues that the trial court’s award of maintenance to Barbara does not comport with KRS 403.200(1). According to that statute *23 the court may grant a maintenance order for either spouse only if it finds that the spouse seeking maintenance: (a) Lacks sufficient…”
Tammara Lea Stricklett v. Kevin Robert Stricklett (2022) kyctapp
Laure Ryan (Formley Known as Laure Whiteley) v. James Whiteley, Jr. (2022) kyctapp
Mark Allen Peterson v. Stephanie Marie Peterson (2022) kyctapp
Clark v. Clark (2007) kyctapp
— Ky. Rev. Stat. § 403.200(2)(f) — 22 cases
Gentry v. Gentry (1990) ky “KRS 403.200(1). The Fayette Circuit Court determined that Kathy Gentry was entitled to maintenance under KRS 403.”
McGowan v. McGowan (1983) kyctapp “190, and the maintenance statute, KRS 403.200, already include an adequate means for compensating the non-professional spouse, and, thus, that it would be inappropriate for us to judicially create such a right.”
Powell v. Powell (2003) ky “00 per month for the duration of three years in light of the factors enumerated in KRS 403.200. We find the trial court's decision to limit the amount and duration of maintenance particularly unjust considering Dr.”
Lovett v. Lovett (1985) ky “KRS 403.200, our statute pertaining to maintenance, provides: 403.”
Lawson v. Lawson (2007) kyctapp “John further argues that the trial court’s award of maintenance to Barbara does not comport with KRS 403.200(1). According to that statute *23 the court may grant a maintenance order for either spouse only if it finds that the spouse seeking maintenance: (a) Lacks sufficient…”
— Ky. Rev. Stat. § 403.200(a) — 1 case
Mark Allen Peterson v. Stephanie Marie Peterson (2022) kyctapp
— Ky. Rev. Stat. § 403.200(c) — 1 case
Tammara Lea Stricklett v. Kevin Robert Stricklett (2022) kyctapp
— Ky. Rev. Stat. § 403.200(l) — 1 case
Poe v. Poe (1986) kyctapp “Yet Light, supra, treats the pension involved as an equitable circumstance potentially entitling the nonmilitary spouse to an award of maintenance under KRS 403.200. Both these conceptually distinct approaches raise serious questions.”
— Ky. Rev. Stat. § 403.200(l)(a) — 12 cases
Age v. Age (2011) kyctapp “During the hearing, the court assiduously asked both parties about the property division and the other factors in KRS 403.200. In its order, it stated that it had considered the factors in KRS 403.”
Powell v. Powell (2003) ky “00 per month for the duration of three years in light of the factors enumerated in KRS 403.200. We find the trial court's decision to limit the amount and duration of maintenance particularly unjust considering Dr.”
Leveck v. Leveck (1981) kyctapp
Shafizadeh v. Shafizadeh (2012) kyctapp “Utilizing the factors set forth in KRS 403.200, Saeid asserts, Denise is clearly capable of self-sufficiency.”
Poe v. Poe (1986) kyctapp “Yet Light, supra, treats the pension involved as an equitable circumstance potentially entitling the nonmilitary spouse to an award of maintenance under KRS 403.200. Both these conceptually distinct approaches raise serious questions.”
— Ky. Rev. Stat. § 403.200(l)(a)(b) — 1 case
Baker v. Baker (1989) kyctapp
— Ky. Rev. Stat. § 403.200(l)(b) — 6 cases
McGregor v. McGregor (2011) kyctapp “In contrast, the maintenance statute, KRS 403.200, does not explicitly include a similar provision permitting a court to impute income to a voluntarily unemployed or underemployed spouse.”
McGowan v. McGowan (1983) kyctapp “190, and the maintenance statute, KRS 403.200, already include an adequate means for compensating the non-professional spouse, and, thus, that it would be inappropriate for us to judicially create such a right.”
Owens v. Owens (1984) kyctapp
Lovett v. Lovett (1985) ky “KRS 403.200, our statute pertaining to maintenance, provides: 403.”
Croft v. Croft (2007) kyctapp
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