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Kentucky is in the majority as an equitable distribution or common law state. This means marital property isn't automatically assumed to be owned by both spouses and therefore should be divided equally in a divorce. The court can also divide the property if the spouses can't agree on a property division.
Is There Any Benefit to Filing for Divorce Before Your Spouse in Kentucky? As a general rule, it doesn't make a difference which spouse files first. I've seen some people who know they're about to go through a divorce wait for their spouse to file first to avoid paying the filing fee or to cut corners.
Is Kentucky a 50-50 state when it comes to divorce? Yes, Kentucky uses what are known as equitable distribution laws, to distribute assets in the case of divorce.
Divisible property is anything that was acquired during marriage that gains or loses value post-separation.
The Rules for Division of Assets in a California Divorce Each spouse is entitled to 50 percent of marital property. Virtually all property, money and assets acquired during the course of the marriage are considered marital property with a few very limited exceptions such as an inheritance left only to one spouse.
Division of Property: Kentucky follows the rule that each spouse is entitled to keep their separate property which was acquired by them before the marriage, but there will be an equitable distribution of their marital property.
In Kentucky, you can get a divorce if your marriage is irretrievably broken, which is a no-fault divorce. The divorce will be granted whether one or both parties agree. The divorce decree cannot be issued until the couple has lived apart for at least 60 days.