Kentucky Divorce Property Division

What the Law Says

Kentucky courts divide marital property under an equitable distribution standard — the judge decides what's fair, which may or may not be 50/50.

Kentucky divides marital property “in just proportions” under KRS §403.190(1), expressly “without regard to marital misconduct” and with no statutory presumption of equal division. The statute lists four factors: each spouse's contribution to the acquisition of marital property, including a spouse's contribution as homemaker; the value of the property set apart to each spouse; the duration of the marriage; and the economic circumstances of each spouse when the division becomes effective, including the desirability of awarding the family home to the spouse with custody of the children.

Division Factors (Ky. Rev. Stat. §403.190)

What Kentucky courts weigh:

1. Contribution of each spouse to acquisition of the marital property, including contribution of a spouse as homemaker (KRS §403.190(1)(a))
2. Value of the property set apart to each spouse (KRS §403.190(1)(b))
3. Duration of the marriage (KRS §403.190(1)(c))
4. Economic circumstances of each spouse when the division of property is to become effective, including the desirability of awarding the family home or the right to live therein to the spouse having custody of any children (KRS §403.190(1)(d))

Common Questions