How is property divided in a Kentucky divorce?

On Behalf of | Mar 29, 2022 | Divorce, Marital Property Division |

Divorce can be hard for any Kentucky couple, but it becomes infinitely harder when you take property division into consideration. The courts will use a few different methods to split property in a way that’s more or less fair to everyone involved.

What is the most common way to divide property?

The most common way to divide property in a Kentucky divorce is through a process called equitable distribution. Equitable distribution is to divide the property based on several factors, rather than just splitting it equally.

The court uses equitable distribution in order to be fair to everyone involved. For example, splitting a house 50/50 might make sense at first – until you consider the stay-at-home mom who might not have the money to buy another house right away. Some factors that will contribute to a decision include:

  • Spending habits of each spouse
  • Employability of each spouse
  • Financial needs of each spouse and children
  • Health status of each spouse

The court will also look at the cause of the divorce. In a no-fault divorce, the property division might look a little more equal.

In a divorce due to cheating or similar causes, the court might favor the party who was faithful. Regardless, the cause of the divorce will be looked at in conjunction with the other factors mentioned above.

What property is excluded from equitable division?

There are a few times where you can make a case for excluding property from being divided or touched during the divorce. This includes individual property that was acquired before the marriage – cars, inheritance, investments, etc.

But if something can be labeled community property that both individuals use or rely on, it’s likely to be split between the two parties in the divorce. A strong case must be made for determining that an asset belongs to only one spouse.

What else to know about property division?

Since the courts look at all those different factors to make a decision, there’s no one size fits all way of dividing property in a divorce. It’s important to go into the divorce knowing what you’re entitled to and what you want to get as far as property goes.