Understanding the basics of divorce in Kentucky Understanding the basics of divorce in Kentucky

Before filing for divorce, either you or your spouse must have lived in Kentucky (or been stationed here as a member of the armed services) for at least 180 days. Kentucky also has a waiting requirement that sometimes catches people off guard: the Court cannot enter a final divorce decree until the spouses have “lived apart” for at least 60 days. But that does not necessarily mean living in separate homes. Under Kentucky law, spouses can be considered to be living apart while under the same roof, so long as they are not sexually cohabitating.

To be sure, those 60 days are a minimum waiting period, not an estimate of how long your divorce will take. An uncontested divorce may move relatively quickly once the legal requirements are satisfied, while a contested case involving property, support, custody, and/or parenting time may take considerably longer. Walk the stages at Kentucky divorce timeline and process.

Property division in Kentucky starts with an important distinction: marital property versus nonmarital property. These distinctions are treated very differently. The Court first determines which assets—or portions of assets—qualify as each spouse’s nonmarital property. Nonmarital property can include property owned before the marriage, certain gifts and inheritances, property received in exchange for nonmarital property, and property excluded by a valid agreement such as a prenuptial agreement. Once a nonmarital interest is established, the Court assigns that interest to the spouse who owns it.

Proving a nonmarital claim is not always as simple as showing that an asset originally belonged to you. Property acquired during the marriage is generally presumed to be marital, and the spouse claiming a nonmarital interest bears the burden of establishing that claim. When nonmarital property has been sold, reinvested, combined with other funds, or used to acquire another asset (a term of art often referred to as comingling) tracing may be necessary to connect the original nonmarital property to an asset that still exists at the time of divorce. Bank statements, closing documents, investment records, inheritance records, and other historical financial documents therefore become necessary in proving the claim.

After the Court identifies and assigns the parties’ nonmarital interests, the remaining marital property is divided between the spouses. Kentucky law directs courts to divide marital property in “just proportions” and without regard to marital misconduct. While that does not technically require a 50/50 division, an approximately equal division is a practical expectation in many (if not most) Kentucky divorces. The fact that one spouse earned most—or even all—of the family’s income during the marriage does not ordinarily mean that spouse should expect to receive a larger share of the marital estate.

Marital misconduct, however, may become relevant to property division to the extent that it involves dissipation of marital assets. For example, if a spouse uses marital funds to finance an affair or for another improper nonmarital purpose, the Court may account for those expenditures when dividing the marital estate.

Classification and tracing also become especially important when the marital estate includes a business or professional practice, substantial real estate, investment accounts, equity compensation, or assets that existed before the marriage but changed significantly over time. For more information about those cases, see our Kentucky High-Asset Divorce guide: [/kentucky/high-asset-divorce/].

Maintenance—sometimes called spousal support or alimony—is not automatically awarded simply because one spouse earns more than the other. Rather, Kentucky courts are required to use a statutory two-step analysis.

First, the spouse requesting maintenance must establish that he or she lacks sufficient property to meet reasonable needs and cannot adequately meet those needs through appropriate employment. The property that spouse receives in the divorce is part of that analysis. In some circumstances, the Court may also consider whether the spouse is caring for a child whose condition or circumstances make employment outside the home inappropriate.

The phrase “reasonable needs” does not necessarily mean bare necessities. Kentucky law considers those needs in light of the standard of living established during the marriage. A spouse who enjoyed a comfortable lifestyle during a long-term marriage is not automatically expected to reduce his or her standard of living to a subsistence level simply because the marriage has ended.

At the same time, maintaining the marital lifestyle after divorce may simply be financially impossible. The same income and assets that once supported one household must now support two. The Court must consider not only the marital standard of living and the needs of the spouse requesting maintenance, but also whether the spouse being asked to pay can meet his or her own reasonable needs while doing so. Maintenance is therefore not a guarantee that either spouse will continue living exactly as the family did during the marriage.

If the requesting spouse qualifies for maintenance, the Court then determines how much should be paid and for how long. Relevant considerations include the parties’ financial resources, the requesting spouse’s ability to become self-supporting, any time needed for additional education or training, the standard of living during the marriage, the length of the marriage, the requesting spouse’s age and physical and emotional condition, and the other spouse’s ability to pay. Longer marriages, substantial disparities in earning capacity, advanced age, and limited prospects for self-sufficiency can support larger or longer maintenance awards.

Recall when we discussed earlier that marital misconduct does not typically affect property division? Maintenance is one area in which marital misconduct may matter. Kentucky is a no-fault divorce state, and misconduct does not determine whether a spouse initially qualifies for maintenance. However, once entitlement is established, certain misconduct by the spouse seeking maintenance may be considered in determining the amount of the award. That does not mean every allegation of adultery or bad behavior will affect maintenance; whether particular conduct is legally relevant depends upon the circumstances of each case.

Unlike child support, Kentucky has no statutory formula or calculator for maintenance. A difference in income alone does not establish entitlement or dictate an amount. Courts consider the parties’ income, expenses, assets, earning capacities, work histories, marital lifestyle, and overall financial circumstances. As a result, maintenance remains one of the more fact-specific—and often heavily contested—financial issues in a Kentucky divorce.

When divorcing spouses have minor children, custody, parenting time, and child support must also be addressed. These are related issues, but each is governed by its own legal standards.

Custody and child support are some of the most important and fact-specific issues in a divorce involving children. For a more detailed discussion, see our Kentucky Custody and Child Support guide: [/kentucky/custody-support/].

• Full agreement on everything? Uncontested divorce in Kentucky is faster and cheaper.
• Real disputes? Contested divorce in Kentucky explains discovery, temporary orders, and trial.
• Not ready to divorce at all? Legal separation in Kentucky exists — with a conversion rule you should understand.
• Wondering what divorce does to your will and beneficiaries? Estate planning and divorce in Kentucky.

From Louisville, Lexington, and Northern Kentucky, Brown Carrington handles Kentucky divorces at every level of complexity — and we're built for the ones with real money, real businesses, and real custody stakes.