Bench & Bar July/August 2025

house was owned before marriage, it may be nonmarital property, unless marital money was used to pay for it or improve it. MY SPOUSE CHEATED ON ME AND IS LEAVING ME AFTER ALMOST 25 YEARS – I WILL DEFINITELY GET ALIMONY, WON’T I? In a long marriage -- like 25 years -- main tenance (what many call “alimony”) is more

likely if one spouse can’t support themselves and the other can pay. The amount and how long the spousal support lasts depend on a number of factors, including your finan cial needs and how long it would take to become self-supporting. While Kentucky is a “no-fault” divorce state, the judge may consider “fault” (such as infidelity) on the part of a spouse seeking maintenance. Fault on the part of the spouse from whom main tenance is sought is not supposed to be part of the court’s maintenance analysis.

ABOUT THE AUTHOR REBECCA SIMPSON is a partner with English, Lucas, Priest & Owsley, LLP, in her hometown of Bowling Green, where she serves as both the family law practice group chair and the community engagement chair for her firm. Simpson is a Fellow of the American Academy of Matrimonial Lawyers and is extensively trained in both mediation and collaborative process. Simpson focuses her practice on family law and alternative dispute resolu tion – namely adoption, divorce, and mediation. Outside of her work as a partner, Simpson is an active member of many local, state, national and international professional associa tions and serves as a leader within many of these organizations. By appointment of the Kentucky Supreme Court, Simpson is serving her second term on the IOLTA Board of Trustees, where she was elected to serve two terms as chair.

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