The Impact of Adultery on a Kentucky Divorce

wife found lipstick marks on her husband's shirt

Infidelity is one of the most common reasons for marriages breaking down. Alongside bringing emotional stress, the consequences of adultery can complicate divorce proceedings. 

What’s important to note about adultery in relation to a Kentucky divorce is that, compared to other states, its impact is limited under Kentucky law, despite being morally significant. 

In this article, we will explore how adultery affects property division, custody and alimony, so that you as a spouse can make informed decisions during your divorce. 

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Kentucky Divorce Law Basics

Kentucky is primarily a “no-fault” divorce state under KRS §403.020. The most important aspect is that the courts recognize the irretrievable breakdown of the marriage, which would mean that the marriage cannot continue. 

Adultery, on the other hand, is “fault-based”, but it is not often required or decisive to obtain a divorce. That means that married couples may file for divorce without having to prove misconduct, but in some cases, adultery will come into consideration in areas such as alimony or property division. 

Property Division and Adultery

Under Kentucky law, equitable distribution rules are followed. That means that property acquired during the marriage will be divided in a fair manner, not necessarily in an equal one. Adultery usually doesn’t directly affect property division, with some exceptions:

  • If marital funds supported the affair, for example, gifts or trips – in that case, courts may consider reimbursement for the innocent spouse. 
  • If assets were hidden or dissipated in connection to the affair, decisions regarding division may be influenced. 

As a general rule, courts will focus on contributions to the marriage, both spouses’ financial needs, and their economic circumstances rather than any moral fault. 

Alimony (Spousal Support) and Adultery

When Kentucky courts determine alimony, they may consider marital misconduct, namely adultery. The main factors they consider are:

  • What the standard of living was during the marriage. 
  • The financial needs and earning capacity of each spouse. 
  • The duration of the marriage. 
  • Any misconduct that affects the marital estate or the spouse’s ability to pay. 

Child Custody and Adultery

When Kentucky courts consider custody and parenting decisions, they base it on the best interests of the child (KRS §403.270). Unless the affair directly impacted the child’s wellbeing, it will not automatically affect custody. Instead, the factors considered are:

  • Stability.
  • Parent-child relationship. 
  • Emotional and physical safety. 
  • Each parent’s ability to provide a nurturing environment. 

Therefore, evidence of adultery will only be relevant if it demonstrates poor parenting, or if it has harmed the child. 

Woman is signing divorce document

Practical Steps for Spouses

Keep in mind the following checklist:

  • To prove how marital funds were used, keep a clear financial record. 
  • Do not let emotions or conflicts take center stage, as this can harm outcomes related to custody or finances. 
  • For efficient dispute resolution, consider mediation or negotiation. 
  • It is very important to consult an experienced Kentucky divorce attorney – they will help you understand the impacts of adultery on alimony, property division, and custody. 

When to Seek Legal Help

Even though Kentucky is a no-fault divorce state, adultery undoubtedly complicates divorce negotiations. A seasoned divorce lawyer can help you navigate that legal maze in evaluating exactly how the affair will affect alimony or custody claims, and in crafting a strategy to best protect your financial and parental rights. 

At Hoffman Walker & Knauf, we understand how sensitive matters of divorce are when adultery is involved in the equation. Minimizing emotional conflict whilst identifying and protecting your rights is a complex task – and we are here to help. 

The Impact of Adultery on a Kentucky DivorceIf adultery has affected your marriage, contact one of our divorce attorneys today for a consultation, and we will explain your legal options to you. Let us protect your financial and parental rights in this challenging stage of your life.