DISTRIBUTION OF PROPERTY IN KENTUCKY
KRS 403.190 provides the criteria for the disposition of property in a divorce action. The key statutory language directs a court to “divide the marital property…in just proportions.” A “just” division of property is not necessarily an equal division. In complex cases, your attorney may require assistance from financial experts such as accountants, financial planners, and/or appraisers to make certain the division of property is equitable. Following are some frequently asked questions which may be helpful to you.
- Q. Can I get my own divorce without an attorney?
A. Yes. While we recommend that each party in a divorce action retain his or her own counsel, you are not required to do so. If there are maintenance or child support claims or property to be divided, failure to hire a lawyer may prove to be more costly in the long run. At the very least, you should consider scheduling a consultation with an attorney to review the file to avoid catastrophic errors. - Q. When should we divide marital property?
A. As a general rule, Kentucky courts will not enter a decree until all issues are resolved. If the parties are unable to agree on an equitable division of property, the judge will schedule a trial and render a decision based on the evidence presented. - Q. What is nonmarital property and is it subject to division?
A. There are several categories of nonmarital property, including property owned by either party prior to the marriage and property acquired by gift or inheritance. If you can demonstrate that specific property meets the statutory criteria, it will be deemed your separate property and will not be subject to division. - Q. How will our property be divided?
A. Kentucky law presumes that an equal division of marital property is fair, regardless of who holds the title or who paid for it. In some cases, however, a fifty-fifty division is not equitable and the statute enumerates the factors a court should consider in making its determination. Marital fault such as infidelity or abandonment is not a factor in equitable distribution cases, but dissipation of marital assets by either party may result in the innocent spouse receiving a larger share of the marital property. - Q. Will the court order my spouse to pay my legal fees in a property division case?
A. An award of attorney fees is within the court’s discretion, so long as there is a disparity in the parties’ resources or if one spouse creates unnecessary fees by lack of cooperation or misconduct. Generally, you are contractually responsible for your attorney’s fee and the expenses related to any expert retained on your behalf.
January, 2007
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Diana L. Skaggs, is the President of the Kentucky Chapter of The American Academy of Matrimonial Lawyers. Practicing divorce law for more than twenty years, Diana was recognized by the Louisville Bar Association in 2006 as the family law practitioner of the year, for being on the forefront of new developments in the practice of family law, for her innovation in the field as well as her continued dedication to families, children and public service. To learn more about Kentucky Divorce Law and Diana L. Skaggs + Associates visit http://www.LouisvilleDivorce.com/legalfyi/.
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