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In Kentucky, marital property is divided pursuant to KRS 403.190 “without regard to marital misconduct in just proportions considering all relevant factors including.” Not all property is marital property. The statute sets aside nonmarital property which is not subject to equitable division. KRS 403.190(2) describes nonmarital property as follows:

“(a)Property acquired by gift, bequest, devise, or descent during the marriage and the  income  derived  therefrom  unless  there  are  significant  activities  of  either spouse  which  contributed  to  the  increase  in  value  of  said  property  and  the income earned therefrom;

(b)Property acquired in exchange for property acquired before the marriage or in exchange for property acquired by gift, bequest, devise, or descent;

(c)Property acquired by a spouse after a decree of legal separation;

(d)Property excluded by valid agreement of the parties; and

(e)The  increase  in  value  of  property  acquired  before  the  marriage  to  the  extent that  such  increase  did  not  result  from  the  efforts  of  the  parties  during marriage.”

Nonmarital property is not always straight forward. It can be mixed with marital property or require difficult asset tracing. When reviewing your finances with your attorney, you should always bring up your property that may be nonmarital. The retirement you earned before the marriage, the stock you inherited from your grandmother, or the jewelry you received as a gift may not be subject to division under Kentucky law.

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