Property Division In Kentucky

KRS 403.190 states in relevant part that the court in a dissolution action shall equitably divide marital property in just proportions taking into account four factors, as set forth in the statute: “(a) contribution of each spouse to acquisition of the marital property, including contribution of a spouse as a homemaker; (b) value of the property set apart to each spouse; (c) duration of the marriage; and (d) economic circumstances of each spouse when the division of property is to become effective … .” KRS 403.190(1)(a-d).

Moreover, property division in a divorce action is a three step process. First, the court must identify property as marital or non-marital. The non-marital property of each party is then assigned to that party before the court divides the remaining property according to the factors, above. For a more in-depth discussion, see the Kentucky Court of Appeals case of Smith v. Smith, Ky. App. 235 S.W.3d 1, 5 (2006).

No presumption of 50-50 division

In Kentucky, including Family Courts in Jefferson County and Oldham County, the “trial court is not obligated to divide the marital property equally. Rather, a trial court need only divide the marital property in just proportions.” See Smith, above. See also, Gaskill v. Robbins, 282 S.W.3d 306, 316 (2009) [“The law is clear that there is no presumption of a 50-50 division … .”]

What about property distribution in Germany ……

The family law attorneys at The Gailor Law Office, PLLC advise on all family law issues in Kentucky. We know nothing about divorce law in Germany, but we can definitively advise our Kentucky clients against imitating this irate German spouse, whose approach to property division proved a bit, let’s say, unorthodox,  as reported by

Divorce is an ugly business, no doubt. One German man took the news particularly rough, and most of the couple’s belongings paid the price. He used saws to literally divide the marital property in half. Everything was fair game, from small items like record albums and a teddy bear to larger furniture like a sofa, a bed, and a bicycle.

If you are an individual facing divorce in Kentucky, please call the experienced family law attorneys at The Gailor Law Office, PLLC. Jason Dattilo and Andrew Gailor are here to assist you in achieving an equitable division of property in simple and high-asset divorce cases.

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