The determination of alimony (or “maintenance” as it’s called under Kentucky law) should have nothing to do with gender. The state statute refers to “spouse” without gendered names like husband and wife.
The days when most husbands outearned their wives or were the sole earners in the family are long gone. With many women outearning their husbands – and with the legalization of same-sex marriage – some divorcing men rightfully seek maintenance from their soon-to-be ex, at least for a limited period. However, that’s “still the exception rather than the rule,” as one legal professional notes.
There’s still a stigma, even by some judges, around men receiving alimony – particularly from women. Judges, on average, award lower amounts to men than to women and require more evidence that the recipient is looking for work or to improve their earning capacity so that they no longer need this financial support.
What factors are considered – regardless of gender?
Under the law, judges should consider the same factors when awarding spousal maintenance, regardless of the genders of the parties involved. Men who have been stay-at-home parents and been out of the workforce or working part time while the other spouse has been the primary “breadwinner” typically have a strong case for seeking maintenance at least until they can get the training and/or experience necessary to become self supporting.
As with any couple where one spouse has a considerably higher income than the other that’s allowed them to live a comfortable or even lavish lifestyle for some time, the lower-earning spouse, regardless of gender, has a right to seek to maintain something close to the marital standard of living after divorce if the other spouse can afford to provide that.
It’s important for divorcing men who are considering seeking spousal maintenance to recognize that they might face some challenges – including some based on long-held beliefs about male and female roles. Nonetheless, with sound legal guidance and a strong case, they can prevail.