How does a Kentucky family court decide who gets what in a divorce?
Property division in Kentucky is about classification first, valuation second, and equity last. Kentucky is an “equitable distribution” state. There is no rule that property will automatically be divided 50/50 or according to some other formula. What is equitable? Under KRS 403.190, the court must “divide the marital property . . . in just proportions considering all relevant factors.”
KRS 403.190(1) instructs the court to divide property equitably, based on factors like the contribution of each spouse (including non-financial, like homemaking), the value of each spouse’s non-marital property, the duration of the marriage, and the economic circumstances of each party. This means the court may award one spouse a larger share of the marital estate if, for example, the other has significant non-marital assets or a much higher earning capacity.
Keep in mind that what a family court considers equitable may be different from what a layperson considers equitable. Kentucky is a no-fault-divorce state so it is unlikely something like an extramarital affair that caused the end of the marriage will be considered in the equitable division of property.
Ultimately, courts often divide assets 50/50. Each situation is fact-specific, and clear legal advice can make a major difference. If you are going through a divorce, understanding how KRS 403.190, Kentucky’s property division statute, applies can help you to avoid surprises and protect what is rightfully yours.