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Neither Kentucky nor Tennessee uses a formula to calculate alimony. In Kentucky, where it is called maintenance, a spouse must first qualify under KRS 403.200, and the court then sets the amount and length based on factors such as the length of the marriage, the standard of living, and each spouse's finances. In Tennessee, courts decide alimony under Tenn. Code Ann. § 36-5-121, and the most important factors are the requesting spouse's need and the other spouse's ability to pay. In both states, marital fault can be considered.

What is alimony?

Alimony is financial support one spouse pays the other during or after a divorce or legal separation. It often recognizes that one spouse gave up career or education opportunities to support the family during the marriage. It is not automatic in either state.

How is maintenance decided in Kentucky?

Step 1: Does the spouse qualify? Under KRS 403.200, a court may award maintenance only if the spouse seeking it:

  1. Lacks sufficient property, including the marital property awarded to them, to provide for their reasonable needs; and
  2. Is unable to support themselves through appropriate employment, or is the custodian of a child whose circumstances make it appropriate for that parent not to work outside the home.

Step 2: How much, and for how long? If the spouse qualifies, the court has broad discretion and considers:

  • The financial resources of the spouse seeking maintenance
  • The time needed to get the education or training to find appropriate employment
  • The standard of living during the marriage
  • The length of the marriage
  • The age and physical and emotional condition of the spouse seeking maintenance
  • The ability of the paying spouse to meet their own needs while paying maintenance

Kentucky courts may award temporary maintenance while the divorce is pending, and maintenance for a set period or an indefinite period in the final decree.

How is alimony decided in Tennessee?

Tennessee courts have broad discretion. The two most important factors are the need of the spouse requesting alimony and the ability of the other spouse to pay. The court also considers factors listed in § 36-5-121, including:

  • Each spouse's earning capacity, education, and training
  • The length of the marriage
  • The age and health of each spouse
  • The standard of living during the marriage
  • Contributions to the marriage, including as a homemaker
  • Each spouse's separate property and the division of marital property
  • The relative fault of the parties, when appropriate

Tennessee law favors rehabilitative alimony where possible, helping the receiving spouse become self-supporting, over long-term support.

The four types of alimony in Tennessee

  • Rehabilitative alimony helps a spouse get education or training to become self-supporting. It can be modified if circumstances change substantially.
  • Transitional alimony helps a spouse adjust to life after divorce for a set period. It generally cannot be modified unless the order or agreement allows it or the receiving spouse lives with a new partner.
  • Alimony in futuro is long-term periodic support when rehabilitation is not feasible. It can be modified on a substantial and material change in circumstances, and it ends on the receiving spouse's remarriage.
  • Alimony in solido is a fixed total amount, paid at once or in installments. It generally cannot be modified.

Can alimony be changed or ended later?

Kentucky: under KRS 403.250, maintenance can be modified only on a showing of changed circumstances so substantial and continuing that the current terms are unconscionable, a high bar. Unless the parties agreed otherwise in writing or the decree says otherwise, maintenance ends on the death of either party or the remarriage of the receiving spouse. A receiving spouse's cohabitation can also be grounds to seek a change.

Tennessee: whether alimony can be changed depends on its type, as described above. When a receiving spouse lives with a new partner, the law generally presumes the receiving spouse needs less support, which can support a reduction.

How to prepare for an alimony issue

  • If you are seeking support: gather evidence of your income, expenses, and the standard of living during the marriage, along with any career sacrifices you made.
  • If you may be asked to pay: gather your income records and your own reasonable expenses, so the court sees your ability to pay accurately.
  • Consider negotiating. Many alimony issues are resolved by agreement in a settlement or mediation, which gives both spouses more control over the outcome.

How Wise & Associates can help

Wise & Associates handles maintenance and alimony issues in Kentucky from its Louisville office and in Tennessee through Wise Law in Nashville. Fees are staged flat fees, never hourly, with upfront fees from $1,500 to $5,000 depending on the case type and how much litigation is required. See how pricing works.

Consultations are free and by phone. Book a time, then call the office at your scheduled time.