Is Kentucky a 50/50 State in Divorce?

is kentucky a 50_50 divorce state

Dividing marital property may be one of the most challenging aspects of getting a divorce in Kentucky. In truth, even anticipating going through this process can result in significant anxiety and worry. However, understanding how the state’s laws work regarding the division of marital assets can help alleviate some of this burden. In the blog post below, we will review whether Kentucky is a 50/50 state in a divorce and how an experienced Kentucky family law attorney can help you through this challenging ordeal.  

Practice Areas Schedule a Consultation

Obtaining a Divorce in Kentucky

In Kentucky, divorce is considered “no-fault,” which means that neither party has to prove that the other is at fault before they can obtain a divorce. The only thing that the couple needs to do is declare that their marriage is irretrievably broken.

However, before a couple can file for divorce in Kentucky, the petitioner must establish that they or their spouse have lived in the state for 180 days before filing their petition. The couple must also show they have been “living apart” for 60 days. However, “living apart” does not necessarily mean physically relocating. Rather, it can also mean living under the same roof as long as there are no sexual relations between the spouses.

Consequently, if you are seeking a divorce in Kentucky, neither you nor your spouse has to leave the shared residence initially. However, at some point, separate homes may need to be acquired, which can lead to the question of who gets to stay in the current residence.

Dividing Property in Kentucky

It is important to note that Kentucky does not follow community property laws. A community property state is one in which all property acquired during the marriage is divided in half. 

Instead, when it comes to marital property, Kentucky is known as an “equitable distribution” state. This means the judge will have significant discretion and great deference in deciding how the couple’s marital assets should be divided. However, this rule does not necessarily mean the property will be split into equal shares. Rather, the goal of the court is to ensure that the division of the property will be fair and equitable between the couple.  

What Factors Does the Court Consider When Dividing Property

Before splitting up marital property, there are numerous factors that the court will consider to determine what is a fair and equitable allocation, including the following:

  • A spouse’s contribution to the union, including any contributions made by a stay-at-home spouse
  • The length of the marriage
  • Economic circumstances of each spouse after the divorce
  • The property value awarded to each of the spouses

In addition, if one spouse entered the marriage with substantially more assets, the court may allow the other spouse to receive a share of the marital assets that is more than 50%, especially if there are minor children involved.

Need More Information About Dividing Property in a Divorce, Contact Hoffman Walker & Knauf Today 

At Hoffman, Walker & Knauf, our family law lawyers have the experience, skills, and tenacity to handle any family law case in Northern Kentucky. After ensuring that our clients have been carefully advised of all the potential outcomes, our legal team will respect the client’s wishes in managing the case and will jointly decide with our client whether to accept an agreement or go to court. However, the final decision will always belong to the client. 

If you are considering filing for divorce in Kentucky or want to know more about how property will be divided, contact Hoffman Walker & Knauf today and review your questions with our experienced family law attorneys.