John H. Schmidt, Attorney
My spouse cheated on me so I shouldn't pay spousal support or maintenance, right?
Your spouse cheated on you. You feel angry and betrayed, and very few things irritate you more than the thought of paying spousal support! Surely, you won't have to pay spousal support or maintenance to that cheater, right? It depends.
Kentucky law says the court may grant a maintenance order for either spouse only if it finds that the spouse seeking maintenance:
- Lacks sufficient property, including marital property apportioned to the spouse, to provide for the spouse's reasonable needs; and
- Is unable to support themselves 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.
As you see, the law makes no provision for the court to consider infidelity.
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