In the state of Kentucky, the division of marital property is an important aspect of divorce proceedings. When a couple decides to end their marriage, the court is responsible for determining how the property, debts, and assets they acquired during the marriage will be divided. Kentucky follows the principle of equitable distribution, which means that property is divided fairly but not necessarily equally. This article will provide an in-depth understanding of how marital property is decided in a divorce in Kentucky.
Understanding Marital Property and Separate Property
To begin the process of dividing property in a divorce, it is essential to differentiate between marital property and separate property. Marital property refers to assets and debts acquired by either spouse during the marriage, while separate property includes property owned before the marriage or acquired during the marriage through gift or inheritance.
Examples of separate property include:
Property owned before marriage.
Inherited or gifted property received during the marriage.
Property sold during the marriage that was originally separate property.
Property defined as separate in a premarital agreement.
On the other hand, marital property includes:
All property acquired by either spouse during the marriage, such as retirement accounts, money, and real estate.
Property purchased during the marriage under a joint account, like real estate or automobiles.
Property that was separate but increased in value due to financial or labor-driven improvements during the marriage.
It’s important to note that separate and marital property can sometimes be mixed together, a situation referred to as “commingling.” Commingling can occur when couples combine their separate assets intentionally or unintentionally. In such cases, it can be challenging to determine the ownership of the commingled property, and legal assistance is often necessary to untangle the complexities.
The Division of Marital Property
In Kentucky, spouses have the option to divide their assets and debts through a separation agreement. This agreement allows them to negotiate the division of property without court intervention. However, the court still has the power to veto or modify the agreement if it deems it extremely unfair.
When spouses are unable to reach an agreement, the court will step in and determine the division of property. In making its decision, the court considers several factors, including:
Each spouse’s contribution to acquiring marital property, including the contributions of a stay-at-home spouse.
Each spouse’s circumstances, including the desirability of having the custodial spouse live in the family home with the children.
The length of the marriage.
The value of the property awarded to each spouse.
It’s important to remember that equitable distribution does not always mean a 50/50 split. The court aims to divide property fairly based on the unique circumstances of each case.
Dividing Debts in Kentucky
In addition to dividing assets, the court in Kentucky also handles the division of debts during a divorce. Debts such as medical bills, credit card debts, and mortgages need to be addressed to ensure a fair distribution of financial obligations.
When dividing debts, the court takes several factors into consideration, including:
The debts and liabilities of each spouse.
The economic circumstances of each spouse.
The basis underlying the debt, such as reckless spending or gambling debt.
It’s worth noting that even if the court orders one spouse to be solely responsible for a debt, creditors may still pursue the other spouse for payment. To protect themselves, individuals should use the court order to remove their name from the account associated with the debt whenever possible.
Divorce can be a challenging and emotionally charged process, especially when it comes to dividing marital property and debts. Understanding the laws and regulations governing property division in Kentucky is crucial to ensure a fair and equitable outcome. Whether spouses are able to reach an agreement on their own or require court intervention, seeking the guidance of a knowledgeable family law attorney can help navigate the complexities of property division and protect one’s rights and financial interests.
If you are considering a divorce or need assistance with property division, it is essential to consult with an experienced attorney who can provide personalized advice based on your unique situation. They can help you navigate the legal system and ensure that your rights are protected throughout the process.
Contact us (859-341-2500) for a Free Consultation!
—
About Grubbs & Landry
At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
