Kentucky Marital Property Division Guide

Kentucky follows the equitable distribution model when dividing property in divorce—meaning courts aim for a fair division, not necessarily an equal one. Under KRS 403.190, judges must divide marital property "in just proportions considering all relevant factors." Understanding these rules is essential whether you're pursuing an uncontested or contested divorce.

What Counts as Marital Property?

Under Kentucky law, all property acquired during the marriage is presumed to be marital property—regardless of how it's titled. This means a house purchased during the marriage is marital property whether it's in one spouse's name or both.

Marital property typically includes:

• Real estate purchased during the marriage
• Retirement accounts and pensions earned during the marriage
• Vehicles, furniture, and personal property
• Business interests started or grown during the marriage
• Investment accounts funded with marital income

What Remains Non-Marital Property?

Certain property stays with its original owner and is not divided:

• Property acquired before the marriage
• Gifts and inheritances received by one spouse
• Property acquired after a legal separation decree
• Property excluded by valid agreement (prenuptial or postnuptial)
• Passive appreciation of premarital property (when increase didn't result from marital efforts)

The distinction between passive and active appreciation matters. If a spouse's premarital investment account grows purely from market forces, that increase is non-marital. But if marital funds were contributed or marital effort managed the account, the appreciation may be marital.

Factors Courts Consider

Kentucky courts have broad discretion in dividing property. Relevant factors include:

• Contribution of each spouse to acquiring marital property
• Non-economic contributions like homemaking and childcare
• Value of each spouse's non-marital property
• Duration of the marriage
• Economic circumstances of each party at division

While courts often end up dividing assets roughly 50/50, they have authority to order disproportionate divisions when circumstances warrant.

Court Authority to Order Sales

Kentucky family courts can mandate the sale of jointly-held property to achieve equitable division. If spouses cannot agree on who gets the house or how to divide a business, the court may order it sold with proceeds divided.

Learn more about who gets the house in a divorce and what options are available.

Protecting Your Interests

To maintain the non-marital character of separate property:

• Keep separate property in separate accounts
• Document inheritances and gifts
• Avoid commingling separate funds with marital accounts
• Trace the source of funds used for major purchases

Estimate Your Kentucky Divorce Costs

Property division complexity affects overall divorce costs. Use our calculator for a personalized estimate:

Next Steps

Understanding Kentucky's equitable distribution system is essential for protecting your financial interests. Key takeaways:

• All property acquired during marriage is presumed marital
• Title doesn't determine whether property is marital or non-marital
• Courts divide property in "just proportions"—not automatically 50/50
• Non-marital property includes gifts, inheritances, and premarital assets

For official forms and court information, visit the Kentucky Court of Justice. Review the Kentucky divorce timeline to understand the process. Consulting with a Kentucky family law attorney is recommended for divorces involving significant assets.